Zinara boss freed on bail
HIGH Court Judge Justice Musitu has granted former Zinara finance director Simon Mudzingwa Taranhike, who was recently jailed for 15 months after being found guilty of criminal abuse of office, $2 000 bail.
Taranhike abused the Zinara fuel facility and authorised the issuance of 1 800 litres of petrol (Redan Puma) coupons to ZBC journalist Davison Vandira without following due procedures, prejudicing his employer of fuel then worth $6 354.
Taranhike, through his lawyer Mrs Rekayi Maphosa, had appealed against conviction and sentence, arguing that he was improperly convicted.
In the appeal, Mrs Maphosa argued that the State failed to prove its case beyond reasonable doubt as required by the law.
She said the essential elements of criminal abuse of duty were not satisfied by the State.
Harare regional magistrate Mr Hosea Mujaya initially sentenced Taranhike to 30 months in prison before suspending six months on condition of good behaviour.
Another nine months were suspended on condition that Taranhike pays back the 1 800 litres of fuel to Zinara before December 31 this year.
In passing sentence, Mr Mujaya said he took into consideration that Taranhike was a first offender and a family man.
At the time, Mr Mujaya said, it was true that Taranhike did not directly benefit from the commission of the offence.
He further stated that Taranhike lost his job as a result of the offence.
Mr Mujaya said the court could not turn a blind eye on corrupt activities and should pass an exemplary sentence.
In mitigation, his other lawyer Ms Purity Chikangaise said her client was a first offender and a father of three.
Ms Chikangaise told the court that Taranhike was a hypertension patient who takes medication three times a day.
She asked for leniency, saying a custodial sentence would be too harsh for a first offender.
“The court should consider a fine in this matter because indeed it is a fine-able offence, especially putting all the circumstances of the case in total,” she said.
Asked by Mr Mujaya whether it was appropriate to consider restitution as part of the sentence, Ms Chikangaise agreed, saying her client was in a position to restitute the fuel coupons if need be.
In aggravation, prosecutor Ms Netsai Mushayabasa said corruption has become rampant in the country and the court should consider stern measures to send a message to would-be offenders.
Ms Mushayabasa said a fine or community service would trivialise the offence.
Senior Health Reporter
AN investigation into alleged abuse of office by former National Aids Council (NAC) board chairperson Dr Evaristo Marowa has cleared him of any wrongdoing.
Instituted by the Ministry of Health and Child Care sometime in 2018 following a series of anonymous letters alleging that Dr Marowa offered consultancy services to NAC through Compre Health Services, a company that he is affiliated to, the investigation also cleared the former chairman of an alleged inappropriate sexual relationship.
In a letter dated July 19, 2019 and addressed to Dr Marowa, Secretary for Health and Child Care Dr Agnes Mahomva described most of the allegations cited in the anonymous letters as “untrue and malicious”.
“The findings (of the investigation) indicated that the allegations in the anonymous letters were mostly untrue and malicious,” she said.
ONE person was killed, while several homes were gutted by fire, and 20 cattle died when lightning struck a village under Chief Njelele in Gokwe South at
“The investigation found that generally, good corporate governance was not compromised with regards to the management of NAC resources, but that there was room to improve to meet the expectations of NAC’s stakeholders.
“The investigation noted that allegations of an affair between the board chair and a NAC employee were not true and concluded that the allegations were meant to tarnish the board chair’s image.”
In another letter dated March 13, 2019 signed by the then acting chief executive offer Mr Raymond Yekeye addressed to Compre Health Services chief executive officer Dr Godfrey Sikipa, NAC said it never had any contract with the firm.
“The NAC has reviewed all its records and would like to inform you and confirm that NAC at no time ever had a contract with Compre Health Services and never provided any funding or any other resources to Compre Health Services,” reads part of the communication.
Allegations against Dr Marowa started towards the end of 2018 following a series of anonymous letters, which also contained several allegations among other senior executives.
These allegations forced Dr Marowa to resign from the board before the expiry of his term of office.
Subsequently, the Ministry of Health and Child Care dissolved the remaining board in March this year.
The board had served for barely a year. Coincidentally, the then NAC CEO, Dr Tapiwa Magure, left the organisation around the same time.
Since then, NAC has been operating without a substantive CEO and a board.
NAC is an organisation established through an Act of Parliament to coordinate and facilitate the national-multi-sectoral response to HIV and Aids.
It is also mandated to administer the three percent Aids Levy taxed from employees’ income every month.
Court Correspondent
NORTON legislator Temba Mliswa must now defend a $1 million defamation suit launched by Chivi South legislator and president of the Cross Border Traders Association Killer Zivhu after High Court judge Justice Helena Charewa reversed a default judgment on a procedural matter in favour of Mliswa.
Zivhu sued Mliswa for alleging that he was “a thief and a corrupt individual” on his Twitter account, but another High Court judge Justice Tawanda Chitapi had initially granted a default judgment in favour of Mliswa, who had argued that Zivhu’s suit was flawed.
In the latest twist to the case, Justice Charewa also issued an order compelling Mliswa to consent with her determination or risk being hit with costs on a higher scale if he chooses to oppose Zivhu’s application for rescission of the default judgment and loses that stage.
Mliswa is being represented by Mr Marufu Mandevere in the matter.
Zivhu filed the original lawsuit after Mliswa in October last year, allegedly tweeted on his personal Twitter account that Zivhu was “a thief and a corrupt individual”.
According to Zivhu, Mliswa, who operates a Twitter account under the name “Hon. Temba P. Mliswa @TembaMliswa”, had since April 25, 2017 to October last year, when summons were issued, been using the social media platform to tweet defamatory statements against him.
However, after receiving the summons Mliswa, filed an appearance to defend and also filed a special plea in support of his defence which has since been reversed by the court.
Prior to this, Mliswa had also sought to have Zivhu’s application dismissed for want of prosecution, but this was turned down by another judge Justice Christopher Dube-Banda.