Chipinge DA acquitted
CHIPINGE District Administrator Mr William Mashava on Wednesday walked out of the courtroom a free man after he was acquitted of the criminal abuse of office charges that were being levelled against him.
Rusape provincial magistrate Mrs Elizabeth Hanzi ruled that Mr Mashava (45) did not break any law or showed any favour when he repossessed land from a 64-year-old widow, Mrs Theresa Kasvosve, who was bedridden at Parirenyatwa Group of Hospitals and allocated it to a prison officer, Shepherd Nyika.
Mr Mashava was being charged with criminal abuse of duty as a public officer as defined in Section 174 of the Criminal Law (Codification and Reform) Act, Chapter 9:23 in which he was accused of unilaterally withdrawing an offer letter from a farmer without notifying her and reallocating the plot to another person.
Mrs Hanzi said under A2 farms land permits had no need to notify land owners of intention to repossess if there was no farming activities taking place.
Mr Mashava, who was not represented, pleaded not guilty and told the court that he did not act alone, but was implementing the decision of the District Lands Committee which he chaired.
State prosecutor Mr Gift Mutigwa had told the court that Mr Mashava did not notify Mrs Kasvosve of the intention to withdraw her permit for Plots 38 and 39, Lesbury Resettlement.
“Sometime in the year 2000, Theresa Kasvosve was allocated Plots 38 and 39 at Lesbury Resettlement, Rusape, measuring five hectares each under the Fast Track Land Reform Programme. In 2003, the plots were annexed and the complainant was issued with a single permit for the two plots by Makoni Rural District Council. Since 2001 up to 2014, the complainant was utilising the plots.
“On October 3, 2014, the complainant was issued with a replacement permit number 47779 /14 for the plots by Makoni Rural District Council after she had lost her original permit. On October 8, 2014, Mr Mashava ordered MRDC to issue a permit in respect of Plots 38 and 39 Lesbury Resettlement owned by Kasvosve to Shepherd Nyika, who was issued with permit number 47784/ 14,” said Mr Mutigwa.
He added: “Mashava did not properly notify the complainant of the intention to withdraw her permit for Plots 38 and 39, Lesbury Resettlement without giving her a chance to make representations. Mr Mashava acted in an unlawful manner,” said Mr Mutigwa.