Bulawayo
provincial magistrate Richard Ramaboea found Moyo guilty of bribery charges and
remanded him to Monday for sentencing.
In delivering
judgment, the magistrate said there was overwhelming evidence linking Moyo to
the offence.
Mr Ramaboea
noted that Labenmon Investments representative, Ms Tsitsi Nyathi’s testimony
corroborated that of the investigating officer. He also stated that Moyo who
persistently called Ms Nyathi demanding the bribe money, was caught receiving
the money at Ms Nyathi’s house.
In mitigation,
Moyo, through his lawyer, Prince Butshe of Butshe and Associates, pleaded for
leniency, saying he is a first-time offender with no previous crime record. He
also stated he is a breadwinner taking care of his wife and two minor children.
The lawyer
further highlighted that Ms Nyathi did not lose anything because the money used
for the trap was recovered.
Butshe said
given his client’s conviction, he was highly likely to lose his job as a
councillor.
“The mitigating
factors outweigh the aggravating factors. According to Section 260 of the
Criminal Law Codification Act, entrapment is a mitigating factor and I
therefore appeal for six months imprisonment, which should be wholly suspended
on condition that Moyo performs a community service at Emganwini Clinic,” he
pleaded.
Moyo was
initially charged together with Bulawayo Deputy Mayor, Councillor Edwin Ndlovu,
who has since been acquitted of the same charges after the State failed to
provide evidence directly linking him to the offence.
According to
the State, Moyo, chair of the Finance and Development Committee, solicited the
bribe from Labenmon Investments in exchange for facilitating the approval of a
5,6 hectare piece of land in Cowdray Park where the company intends to
construct a cement plant.
The Zimbabwe
Anti-Corruption Commission (Zacc) officers arrested Moyo shortly after he
received the money at Ms Nyathi’s house. Herald
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