HARARE - A Harare magistrate has ruled that former Chitungwiza town clerk Godfrey Tanyanyiwa, who is on trial for allegedly swindling the local authority of large sums of money, has a case to answer.
In a short court ruling magistrate Themba Kuwanda, who delivered the ruling on behalf of magistrate Hosea Mujaya, yesterday dismissed Tanyanyiwa’s application for discharge at the close of the state’s case.
He did not give reasons for the dismissal of the application but said the reasons were going to follow in the main judgment.
Tanyanyiwa, 43, is facing eight counts of fraud, one count of corruptly concealing from a principal a personal interest in a transaction and 52 counts of criminal abuse of duty as a public officer.
He denied all the counts claiming he is a victim of a “political battle”.
Prosecutors allege Tanyanyiwa used council funds to settle a house debt in September 2010.
He allegedly secured a house to purchase through an estate agent called Floburg Real Estate, yet he knew he did not have the money to buy the said house.
He misrepresented to Kingdom Bank that Chitungwiza Municipality had authorised the transfer of $80 000 into Floburg Real Estate’s bank account, which was purportedly meant for the servicing of Nyatsime stands in Chitungwiza, the court heard.
It is alleged he settled the full purchase price using Chitungwiza Municipality funds.
He is also accused of “corruptly acquiring three commercial stands” in Zengeza industrial area using names of three different shelf companies, before diverting funds.
He allegedly bought a Toyota Landcruiser V 8 for $170 000, without going to tender and without a council resolution.
Chitungwiza town council was prejudiced of $718 753 and $162 960 was recovered, according to state papers.
Tanyanyiwa will be back in court on October 16.
- Tendai Kamhungira