SEVEN City of Harare councillors facing two counts of criminal abuse of office have been acquitted by regional magistrate Donald Ndirowei.
The councillors — Costa Mande, Gilbert Thamsanga Hadebe, Maxwell Dutuma, Loveness Gomba, Happymore Gotora, Ian Muteto Makone and Stanley Manasi Manyenga — are members of the finance and development committee.
The court ruled that witnesses had failed to provide evidence showing that Mande and his colleagues unlawfully allocated commercial stands to themselves.
The State had alleged that Mande and the co-accused persons allocated themselves and senior council officials residential and commercial stands without following procedure.
According to the State, on June 17, 2022, a committee of senior council officials chaired by the acting town clerk Phakamile Mabhena Moyo recommended that council employees be allocated 20% of all stands created in Harare.
Moyo was accused of directing Godfrey Kusangaya, the acting finance director, through an internal memorandum dated June 17, 2022, to identify residential and commercial stands for the executives within 14 days.
Mande and his co-accused allegedly unlawfully allocated themselves commercial/industrial stands during two meetings held on November 14 and December 14, 2022, respectively.
In executing their plan, the court heard that a councillor under discussion would excuse themselves from the meeting briefly to allow other councillors to allocate him/her a commercial stand.
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The councillor would then re-join the meeting and be involved in allocating colleagues commercial stands.
The court heard that the committee went on to recommend the allocation of 24 commercial stands in various locations to 12 councillors and 11 senior council officials at Town House and one Member of Parliament.
In terms of Local Government ministry circular 12 (cross referenced CX/7) dated March 18, 2020, a councillor who does not have a residential property within his/her ward is entitled to be allocated a single residential stand in their lifetime and they are not entitled to preferential treatment as regards commercial or industrial stands.
