SUSPENDED Harare City Council director of works Zvenyika Isaiah Chawatama was cleared of the fraud charges he was facing after the court ruled that the State failed to establish essential elements of the charge of fraud in the letters he wrote to council employees stating he was acting Town Clerk even though this appointment had lapsed.
Chawatama was acquitted at the close of the State’s case of
three counts of fraud with alternative charges of criminal abuse office,
without having to be put on his defence.
Regional magistrate Mrs Vongai Muchuchuti found that while
the State argued that writing three letters to other City of Harare employees
directing them to report to him as the acting Town Clerk after his tenure had
lapsed was inconsistent with his duties, no witness could describe Chawatama’s
duties and how he had acted contrary to them. It was also necessary to show how
he had shown favour or disfavour.
Missing just one of these elements meant that no charge of
fraud could be applied.
Chawatama assumed the acting post after the Town Clerk was
suspended on corruption-related charges.
Through his lawyer, Mr Admire Rubaya, Chawatama argued that
he was entitled to write to other departments since he was director of works.
Mrs Muchuchuti, in her ruling, concurred with Mr Rubaya’s
sentiments. “The gist of the State allegation is that in the three
correspondences written by the accused he acted contrary or inconsistent with
his duties. “No witness managed to specifically tell us the duties of the
accused and how he acted contrary to those duties.
“In fact what we have is that the accused even in his
capacity as director of works would still issue memorandum to the other
departments. The State also needed to show the favour or disfavour as a crucial
element and again that was not done.
“Once the State fails to establish one of the essential
elements of the offence, automatically that case cannot be put to the defence
case,” she said.
There was no evidence from State witnesses that proved that
Chawatama caused prejudice to the good administration of City of Harare. The
court also ruled that the former Harare Mayor councillor Stewart Mutizwa
testified that the council did not make a complaint against Chawatama over the
letters written to other employees.
The State led by Mr Ephraim Zinyandu told the court that on
December 11 last year, Chawatama was appointed Harare City acting Town Clerk
since the substantive had been suspended on corruption-related charges. After
his term lapsed, Chawatama was alleged to have written documents and signing
them purporting to be the Town Clerk.
He allegedly wrote letters on January 13, 20 and 21 of last
year advising city employees to disregard the directives given by substantive
Town Clerk Hosiah Chisango.
The court heard that it was the duty of the Mayor or Acting
Mayor to appoint a Town Clerk.
But by writing such letters, Chawatama regarded himself as
the acting Town Clerk, deceiving those people who acted on his instructions,
the State alleged, when unsuccessfully pressing its case. This would have
prejudiced council of good administration of the local authority. Herald
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