Former town clerk jailed

HARARE - Former Chitungwiza town clerk Godfrey Tanyanyiwa has been jailed for an effective two-and-a-half years after being convicted on three counts involving fraud and corruption.

Harare regional magistrate Hosea Mujaya yesterday said prosecutor Oliver Marwa had managed to prove the state’s case beyond doubt — against Tanyanyiwa, who was facing eight counts of fraud, one count of corruptly concealing from a principal a personal interest in a transaction and a corruption.

Marwa successfully told the court how Tanyanyiwa diverted municipality funds for personal benefit and use, before he “corruptly acquired three commercial stands” in Zengeza industrial area.

“Accused should not have been under the impression of running Chitungwiza Town Council like he ran his tobacco farm. I therefore, accept that the state managed to prove its case in counts one, nine and 10 and he has been found not guilty on counts two to eight,” Mujaya said.

“In this case, you deserve to go to prison,” Mujaya said before passing sentence.

Mujaya had initially sentenced Tanyanyiwa to six years in prison on one count of fraud, before suspending 18 months on condition of good behaviour in the next four years. A further two years were set aside on condition Tanyanyiwa pays back $80 000 to Chitungwiza Town Council.

Tanyanyiwa was also ordered to pay a $300 fine for the second count, failure of which he will spend another month in prison. He was slapped with another one year sentence for the third count of criminally abusing office.

Mujaya said the sentence for the third count is to run concurrently with the sentence for the first count.
Tanyanyiwa was found innocent on seven counts of fraud, after Marwa conceded that there was no incriminating evidence against him —  a position Mujaya commended as “professional and well made”.

His lawyer Admire Rubaya had urged the court to impose a non-custodial sentence, arguing that his client was a first offender.

Rubaya said Zimbabwean prisons cannot rehabilitate prisoners but harden them. He asked the court to consider other sentencing options, arguing that some prisoners die in jail as a result of the harsh prison conditions, giving an example of an MDC activist who recently died while in remand prison.

The activist was facing charges of killing a police officer in Glen View.

However, Marwa said corruption was an “insidious evil” which is difficult to prove and urged the court to impose a custodial sentence.

Comments (2)

Kwasara Fredrick Mabamba

kikiki - 7 September 2013

Batai Mabamba

kokorigo - 7 September 2013

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