The trial of former Zimbabwe National Road Administration
(Zinara) board chairman Albert Mugabe, who is facing charges of authorising and
tendering false letters of undertaking to set off a mortgage loan facility to
CBZ bank without the board’s approval, kicked off yesterday.
Mugabe pleaded not guilty to the charges. Proceedings began
with Mugabe’s lawyer Mr Admire Rubaya reading his client’s defence outline to
Harare magistrate Mr Lazini Ncube. Mr Rubaya told the court that his client
never abused his duty as a public officer in the manner alleged or at all.
“He did not act in any unlawful manner as alleged, neither
did he intentionally do anything for purposes of showing favour to Engineer
Nancy Chamisa Masiyiwa or disfavour to any other person,” reads the defence
outline.
Mr Rubaya said his client will challenge the State to prove
as a matter of fact that he authored and signed any false letters of
undertaking to CBZ Bank Limited advising that the Zinara board had specifically
agreed to set off Masiyiwa’s mortgage loan in the manner alleged.
“The accused will further challenge the extraction of
evidence from such alleged documents as well as production of such alleged
documentary evidence in the absence of strict compliance with the mandatory
requirements for production of such documents at law.”
Mr Rubaya further stated that his client denied that he
acted in a manner designed to show favour to Masiyiwa. He said his client
asserts that these are malicious allegations peddled against him basing on concocted
and fabricated documentation not proved to be linked to him at law and in fact.
“He will state that he is just a victim of political grand
scheming and posturing by those involved in his persecution, yet there is no
evidence at all that he committed the alleged offence,” reads Mugabe’s defence
outline.
The court heard that on March 30, 2017, the Zinara human
resources committee deliberated, through a round robin, resolutions on the
acquisition of a mortgage loan from CBZ Bank in respect of Masiyiwa.
The State alleged that the six-member human resources
committee unanimously recommended to Zinara board for approval to secure a
mortgage loan scheme not exceeding $300 000 with CBZ Bank for the purpose of
housing loan benefit as per Zinara human resources policy manual.
It is alleged that on April 5, 2017, Mugabe wrote a letter
of undertaking for mortgage loan in respect of Masiyiwa to CBZ Bank, advising
that Zinara board had authorised her to enter into a housing loan scheme with
CBZ and that Zinara undertook to pay off the mortgage facility if her contract
expired during subsistence of the mortgage loan. The State argues that Mugabe
knew very well that the Zinara board had not approved the loan facility.
The court heard that on April 11, 2017 Mugabe wrote another
letter to CBZ advising that the Zinara board had approved to set off the $300
000 mortgage loan facility in the event Masiyiwa accrued arrears and
termination of her contract of employment.
Mugabe is accused of doing so knowing that the Zinara board
had not authorised such a move. Herald
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