Nyakujawa (40)
appeared before Bulawayo Provincial Magistrate, Mr Richard Ramaboea, charged
with concealing from a principal a person interested in a transaction.
In his first
court appearance, he pleaded not guilty, but when he turned up for trial he
pleaded guilty.
The magistrate
sentenced him to 12 months’ imprisonment. Six months were suspended on
condition that he does not commit a similar offence within a period of five
years.
The remaining
six months were suspended on condition that he performs 210 hours of community
service at Nkulumane Police Station.
Nyakujawa was
represented by his lawyer Ms Constance Mathaba of Makiya and Partners.
In mitigation,
Ms Mathaba stated that Nyakujawa is first-time offender and pleaded guilty to
the offence and by that he showed that he was remorseful.
She also
submitted that his company Rota Cons Engineering was contracted by Founders
High School but he failed to inform his employer that his company had been
contracted.
She also stated
that Nyakujawa did not benefit from the offence as he was arrested before he
was paid for the painting works.
Ms Mathaba
further submitted that Nyakujawa is the one who suffered a loss as he lost
US$900, which he paid to painters who did the painting work.
Prosecutor,
Denmark Chihombe told the court that in 2024 Nyakujawa, acting for the Ministry
of Local Government and Public Works, visited Founders High School to assess
painting works and prepare a bill of quantities for the project.
It is alleged
that Nyakujawa learnt that the school intended to engage the ministry for the
painting works. In December last year, he reportedly informed school
authorities that the ministry did not have enough painters and recommended that
his own company, Rota Cons Engineering, be hired instead.
The school
subsequently engaged Rota Cons Engineering and paid US$2 002 for the painting
of the administration block and a classroom. Nyakujawa allegedly supervised the
project both as a representative of his company and as a Public Works district
officer, creating a conflict of interest.
To conceal the
project from his employer, the court heard, Nyakujawa did not submit a site
handover certificate or site supervision reports to the ministry. The
prosecution stressed that it was not part of his official duties to solicit or
secure contracts for his company while performing his role as a public officer.
Chronicle
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