The ManicaPost
Lovemore Kadzura Post Correspondent
Mutare City town clerk – Mr Joshua Maligwa – has been arrested on five fresh counts of criminal abuse of duty charges for offences he allegedly committed while he was still Rusape town secretary.
Maligwa (47) appeared at the Rusape Magistrate Court on Monday. The allegations were that he unlawfully paid himself school fees without council approval, awarded contracts without going to tender, overpaid himself foreign travel and subsistence allowances, overturned tender committee decisions and decided his own terminal benefits. He was represented by Mr Victor Chinzamba of Mugadza, Chinzamba and Partners Legal Practitioners. He was asked not to plead when he appeared before provincial magistrate Mr Shane Kubonera who released him on $200 bail.
The State consented to bail with conditions that Maligwa does not interfere with state witnesses who include Rusape town secretary, Mr Solomon Gabaza, Human Capital and Administration Officer, Mr Togarepi Nerwande, Private Secretary, Ms Christine Chidada, former planner, Mr Never Besa and council Chairman, Alderman Amon Chawasarira. Rusape district prosecutor, Mr Tirivanhu Mutyasira, appeared for the State.
“Accused person’s duties among others were to provide strategic leadership as accounting officer and chief advisor to council, managing operations of council effectively, efficiently and proper control and use of council assets. Maligwa enrolled for Masters in Public Policy and Governance in September 2013 with Africa University from September 2013 to 2017. The accused person was supposed to pay his fees using his own money. His module fees were $840 per module.
“The accused person instead instructed Rusape Town Council to pay his fees. RTC paid the accused person’s fees through its ZB Bank. Maligwa was supposed to pay his fees first and get 100 percent refund of fees paid upon production of invoices and results. Maligwa instructed the town treasurer to pay his fees before completion of his Masters Degree. The value stolen is $5 040 and nothing was recovered,” said Mr Mutyasira.
On the second count, Mr Mutyasira said Maligwa unlawfully and intentionally awarded work to Mabvuu Consultancy to draw Rusape Civic Centre designs without following tender procedures.
“Maligwa abused his authority by engaging Mabvuu Consultancy to draw Rusape civic centre designs without going through tendering process. The value of the job required it to have been awarded through tender. Maligwa abused his authority by not following tendering process as required by Ministry of Local Government, National Housing and Public Works,” said Mr Mutyasira.
On count three, Mr Mutyasira said Maligwa unlawfully instructed council to pay him travelling and subsistence top up in retrospect for his trip to South Africa.
“In November 2016 Maligwa went to South Africa on a business trip from 29 November to 4 December 2016. He was given his travelling and subsistence allowance before departure. In January 2016 Maligwa caused a meeting to deliberate about council’s international travelling and subsistence allowance rates. The meeting reviewed upwards the international travelling and subsistence rates but did not indicate or includes the reviewing of accused person’s trip South Africa.
“Maligwa then instructed RTC on the minutes dated 15 January 2017 that council should pay him for his South African trip in retrospect. On 23 January 2017 Maligwa was paid by RTC the top up $1 355. The money was signed for by his secretary Christina Chidada on his behalf.”
Mr Mutyasira said on January 23 Maligwa returned the top up international subsistence allowance that he was given. The acquittal receipt can be produced in court as evidence. On the fourth count, Mr Mutyasira further told the court that Maligwa caused the cancellation of a tender awarded to a competent company and awarded it to a company without experience to do the Rusape Master Plan.
“On 9 March 2016 Maligwa instructed the Rusape Town Council Procurement Board being chaired by Togarepi Nerwande to adjudicate tender RTC/HSC/12/15. A total of six companies had responded to the tender. The committee disqualified three companies that include Green Plan Private Limited reason being that it had no experience in town planning. The committee awarded the tender to PTP Consultancy for the supply of the Rusape Master Plan because it was the lowest bidder. The procurement committee minutes were referred to the accused person for his comments. He did not endorse his comments. On 30 March 2016 Maligwa instructed the Procurement Committee to re-sit and now chaired by Laurence Mushayabasa. The procurement committee then awarded the tender to Green Private Limited despite it being previously disqualified.
“The committee minutes awarding tender to Green Plan Private Limited were referred to the accused for his comments. Maligwa then awarded tender to Green Plan Private Limited,” said Mr Mutyasira.
On the fifth count, the court heard that Maligwa sat and actively participated in a meeting that deliberated his terminal benefits and went on to award himself the benefits without the approval of parent ministry.
Mr Kubonera postponed the matter to April 19 when a trial date will be announced.
