The Zimbabwe Anti-Corruption Commission (Zacc) is in the eye of a storm after it summoned four Midlands provincial government officials over charges that are already before the courts.
The case has now exposed how land developers have been
bankrolling Zanu PF activities.
A four-member Zacc team last week summoned the officials
that were previously arrested by the Special Anti-Corruption Unit (Sacu) and
charged with criminal abuse of office.
The officials include former provincial administrator
Cecilia Chitiyo, who now holds the same post in Mashonaland West, former
provincial lands officer Joseph Shoko, former provincial physical planner
Chisayinyerwa Chibururu and former provincial housing officer Matilda Manhambo.
All, save for Shoko, have pending court cases and are on
bail over the same allegations. Former Midlands provincial governor Jaison
Machaya is already serving jail term over the same issue.
Zacc claimed it had arrested the four on nine counts of
criminal abuse of office. The anti-graft body accused the four of charging
prospective land developers a US$5 000 administration fee to be allocated land.
At least six developers, Zacc said, were prejudiced of
US$45 000 in the scam between 2004 and 2008. However, when the four were taken
to Gweru magistrates court last Saturday, only one charge was raised against
them.
The charge emanated from an offer letter that was already
before the court. Zacc also said it was basing the charges on the Justice
Tendai Uchena report on state land, which is yet to be released to land developers.
The Zacc team was brandishing the report, but refused to
hand it over to the officials.
Their lawyer, Esau Mandipa of Mutatu and Mandipa Legal
Practice objected to them being put on remand saying no person can be charged
twice over the same matter.
“They were charged with criminal abuse of office. It is
only one charge,” Mandipa said. “The
charge emanated from the US$5 000 [fee] that was charged to land developers.
“Zacc said it was not receipted by the government and was
not authorised by Treasury.”
He accused Zacc of misrepresenting facts that the $5 000
was charged to developers before being allocated land.
“The charges are coming from the same offer letter that was
used to charge them and the main case will be before the court on August 25,”
Mandipa said. “You cannot arrest people basing on the issue. We thought the
matter was under the bridge.”
Mandipa said provincial chief law officer Samuel Pedzisai
once wrote an opinion and refused to prosecute on the matter which Zacc has
resurrected.
He said Pedzisai and the investigating officer, one
Superintendent Chigova concurred that the money was not government money.
Mandipa said he was preparing papers to sue Zacc for
falsehoods that his clients were facing nine charges. The court was told the
money was used in the Zanu PF factional fights after land developers agreed to
raise funds to fund ruling party activities. That was after former Local
Government minister Ignatius Chombo ordered them to support party activities.
The money was used to buy fuel and transport youths on a
campaign to fire former vice-president Joice Mujuru and to travel to Mazowe and
Zanu PF headquarters for the former first lady Grace Mugabe programmes.
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