In her judgment, Manicaland senior regional magistrate Mrs
Pethukile Msipa noted that Mutara would serve four months imprisonment if in
default of payment of the $70 000 fine.
In addition, Mrs Msipa suspended the 12 months imprisonment
term for Mutara for five years on condition he does not commit similar offense.
In delivering her sentence, Mrs Msipa noted that Mutara was
a first offender and that the offense was committed during a period sound
decisions would have been extremely difficult to make within the organisation.
Charges against Mutara arose from an incident that occurred
in January last year when he authored a memorandum to the Town Clerk
recommending that Ms Geonor Ndlovu be contracted as a typist in the Health
Department from January 11 to March 31 last year.
His reason was that his personal assistant, a Ngwarati was
on sick leave.
Mutara then attached a letter from his personal assistant
which had his instructions on top instructing her to fill in annual leave forms
and requested her to avail an employment contract of three months for Geonor
Ndlovu.
On Monday, January 11, 2021, the Finance Director, Mr
Blessing Chafesuka who was the Acting Town Clerk also went on sick leave and
assigned Mutara to act as the Town Clerk for that week.
On January 12, 2021, and in his capacity as the Acting Town
Clerk, Mutara offered Geonor Ndlovu a contract of employment as a general hand
without going through the interview and selection process.
The contract was effective from January 4 to March 31,
2021.
Mutara then signed that contract on behalf of the late Town
Clerk, Mr Joshua Maligwa, who had already died on January 5.
Ndlovu also signed the contract on January 12, 2021.
In this regard, the court heard that Mutara acted contrary
or inconsistent with his duties as a public officer by showing favour to Ndlovu
whom he gave her a contract of employment without following recruitment
procedures at the expense of the council’s good administration.
The court heard that Mutara single recommended as well as
approved Ndlovu’s contact and signed that contract on behalf of Mr Maligwa who
had died on January 5. Manica Post
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