Regional magistrate Hosea Mujaya yesterday dismissed Godfrey Tanyanyiwa’s application for discharge and ruled the former Chitungwiza town clerk had a case to answer in a matter in which he is accused of swindling the local authority of $80 000.
Report by Charles Laiton
Mujaya said the former Chitungwiza boss should stand in the dock on October 16 to defend himself.
The court’s ruling came after Tanyanyiwa made an application for discharge, arguing the State had failed to prove a prima facie case against him at the close of its case. Mujaya ruled that Tanyanyiwa should be put to his defence to explain numerous unclear issues concerning the alleged embezzlement of council funds.
In his brief ruling, delivered on his behalf by regional magistrate Themba Kuwanda, Mujaya said he would not delve much into the evidence that influenced his decision except to order Tanyanyiwa to defend himself in a full trial.
The former town clerk also faces charges of swindling council of over $700 000 in 52 counts of criminal abuse of office, eight counts of fraud and another count of corruptly concealing from a principal personal interest. In the present case, the State alleges Tanyanyiwa, well knowing that he had no money to buy a house, took $80 000 from council coffers and bought a house in Chisipite, Harare, which he later rented to one Conrad Muchesa for $1 300 per month.
He is also accused of corruptly acquiring three commercial stands using $170 000 which the local authority had set aside for the purchase of three council vehicles.
Tanyanyiwa is also accused of corruptly authorising cash payments amounting to $337 253 to himself and other top officials between September and December last year and on 50 different occasions.
The former town clerk is being represented by Admire Rubaya while Oliver Marwa is appearing for the State.