Hwange councillors aquited

SIX Hwange Local Board (HLB) councillors who were facing charges of abuse of office related to the awarding of a $400 000 tender to a company that did not have a tax clearance certificate have been acquitted.

Hwange resident magistrate Ms Rose Dube acquitted the six councillors — Cosmas Ndlovu, Wilson Maphosa, Pius Shumba, Salani Nkomazana, Leonard Dhlakama and Robert Ndlovu who were facing criminal abuse of office as public officers putting to rest the case that had dragged on for the past three years.

Passing her ruling, Ms Dube said the State had failed to prove that the six councillors had a case to answer as there was no evidence linking them to any wrongdoing as well as the technicalities surrounding the governing laws of the tender process.

“The six councillors sit in the committee wherein they make recommendations on any matter brought before them. However, they do not have the power to pass resolution. The State could not establish at first sight that the six showed favour or disfavour to one of the companies that responded to the tender advert. The evidence before the court is based on hearsay where an outsider who is not even an ‘injured party’ gives the court opinionated submissions of how tenders should be run,” said Ms Dube.

She added that the council awarded a tender to Rulph Investment short of a requirement of a tax clearance and at the time the Income tax Act section 80 provided for a retainment of 10 percent of the amount involved where a party has no tax clearance.

“The evidence which the State sought to rely on is fraught with inconsistencies and surely no one reasonable acting carefully may convict and there is no evidence to prove an essential element. I accordingly discharge/retain a verdict of not guilty on the six.”

Meanwhile, Hwange Residents Association (HRA) has said the ruling was a wakeup call to the councillors to shun any form of corrupt practices that prejudiced residents.

“First of all as an organisation we respect the court’ decisions, we hope the acquittal will inspire the city fathers to shun any form of corrupt practices. In as much as we welcome the decision we feel there are issues that council needs to improve on such as access to audited financial reports, budgets and council minutes. We are not happy that there is secrecy around such documents,” said Mr Fidelis Chima, HRA co-ordinator. Weekends: UNITED Bulawayo

A woman from Douglasdale plots fetches treated water from a pool of perennial water leakage from the Bulawayo City Council’s criterion waterworks in Burnside suburb recently. The precious liquid could be put to good use since the city has a history of...