THE State has called for a custodial sentence against convicted former Public Service, Labour and Social Welfare Minister Petronella Kagonye when the court sentences her today.
Kagonye was yesterday remanded in custody for sentencing
after she was found guilty of stealing 20 laptops that were meant to benefit
schools in her constituency in Goromonzi South, Mashonaland East province.
In convicting Kagonye, Harare regional magistrate Mrs
Vongai Guwuriro said the former minister failed to account for the laptops
donated to her in 2020 during the course of the trial.
Mrs Guwuriro also said Kagonye failed to outline in her
defence how she accounted for the laptops that were donated by the then
Minister of Information Communication and Technology, Postal and Courier
Services, Supa Mandiwanzira, through the e-learning project.
“Her defence that she donated them to less privileged is a
far-fetched argument that does not make any sense.
“It was in her mind to think they were for less privileged
ones. She failed to account for other 17 and accounted for three, which does
not tally with the explanation she gave in court.
“According to documentary evidence, 20 (laptops) were for
two schools and they were left in the hands of accused for distribution.
“She sent the first begging bowl saying that she wanted to
donate the laptops to schools and the court is in a quandary as to what makes
the targeted beneficiaries to change,” said Mrs Guwuriro in her judgment.
Mrs Guwuriro also indicated that she was surprised to note
that Kagonye was ignorant of the fact she was supposed to account for the
laptops considering that they were bought using public funds.
The court said Kagonye was seized with the obligation to
account for the laptops, which she totally ignored.
“The computers were being given under the e-learning
programme and the ICT handover form indicated that the beneficiaries had to
submit it after 30 days.
“The receiver had a duty to account for the laptops and
provide the list to POTRAZ (Postal and Telecommunications Regulatory Authority
of Zimbabwe). To her (Kagonye), she said the laptops were to be given to the
needy and was not actively involved in their distribution.
“She never insisted on the need to account for the
beneficiaries and claiming that the obligation never existed. It appears that
out of ignorance she never signed the handover form.
“The court does not believe that she does not know that she
had the obligation to submit the names of beneficiaries to POTRAZ, an
organisation that deals with public funds,” she said.
The State led by Mr Zivanai Macharaga, when presenting
aggravating submissions, called for a custodial sentence saying by stealing
public funds, Kagonye committed a serious offence.
“Accused is accused of stealing public funds which is a
very serious offence and Zimbabwe’s ranking on corruption is very bad and the
reputation of misappropriating public funds is very bad.
“These laptops were meant for rural schools in Goromonzi
South where the poorest of the poor learn and she was responsible for social
welfare.
“The people of Zimbabwe had entrusted the welfare of the
poor into her hands and she was the last hope of the poor. She took advantage
of that trust and stole from the poor. I have not seen, possibly in our
society, that a minister responsible for the poor steals from the poor,” he
said.
Through her lawyer Mr Rungano Mahuni, Kagonye begged for
leniency saying she was a first offender and a breadwinner in her family.
Mr Mahuni insisted that Kagonye never stole the laptops in
question saying they were donated to the intended beneficiaries.
In denying stealing the laptops, Kagonye said she ceased to
be a minister of Government in 2018.
She said it was not true that POTRAZ or anyone from that
department contacted her at her home and requested an explanation over the
computers, which she failed to provide.
Circumstances leading to Kagonye’s arrest and subsequent
conviction are that she wrote to then ICT Minister Mandiwanzira in 2018, who in
turn wrote to POTRAZ asking that they facilitate a donation of computers
through the e-learning project to schools in Goromonzi South Constituency.
Twenty computers were then donated and were collected by
Kagonye’s brother, Evans, on her behalf.
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