Michael Mashiri
A former Chitungwiza Councillor and committee member for Chitungwiza Housing Committee has been arraigned before the courts accused of criminally abusing his office during his tenure in office.
Stan Warikandwa, 4, of Zengeza 3, Chitungwiza, appeared before magistrate Estere Chivasa at the Harare Magistrates’ Courts facing criminal abuse of office as a public officer charges.
He was remanded in custody.
The State, through prosecutor Tapiwa Tapi, alleges that in 2018, Warikandwa who was working with Rosemary Maridza – a suspended town planner for Chitungwiza - and then Chitungwiza Housing Director, Alex Mukweva, created and allocated residential stands without following the laid-down procedures as prescribed in Section 152 of the Urban Councils' Act.
Through their actions, they showed favour to the beneficiaries.
It is alleged that Maridza unprocedurally created a site plan which consisted of six residential stands, stand number 19440, 19441, 19436, 19442, 19443 and 20832 in Zengeza 2, Chitungwiza on State Land which was reserved for an open space on Chitungwiza Municipality layout plan and without Ministerial authority for a change of reservation as provided for in Section 26 (3) of the Regional, Town and Country Planning Act.
The State alleges that she did not adhere to Section 43 of the Regional, Town and Country Planning Act which provides that, subdivision of State land or Communal Land for Public, industrial, commercial, residential or similar purposes shall be referred to the Ministry of Local Government and Public Works, who shall not approve the proposed layout plan until in the case of State land, the local authority concerned has been consulted and come up with a resolution to that effect.
The court heard that she handed over the six residential stands to Mukweva and made false representations on verification forms that the stands existed on the Chitungwiza layout plan and that they were planned for residential use yet the area was reserved as an open space.
The State alleged that by so doing, the accused failed to adhere to the Municipality land policy.
It is alleged that Warikandwa then conspired with Mukweva to have the stands allocated to one Stanford Kugara and Costa Tichareva.
The court heard that Kugara and Tichareva never applied for residential stands and were not on Chitungwiza Municipality waiting lists.
In pushing their plan, it is alleged that Mukweva went on to allocate the remaining stands to handpicked individuals, disregarding the prescriptions of clause 12 of Chitungwiza Municipality's Housing policy and his job description, which enjoins the housing director to allocate stands to people on waiting lists after seeking Council resolution.
It is alleged that Warikandwa then came up with a fraudulent special power of attorney, claiming that Kugara and Tichareva had given him full control over the stands yet he was the beneficiary from the onset.
The State alleges that by so doing, Warikandwa acted contrary and inconsistent with his duties as a public officer with the intention of conferring an undue favour to the beneficiaries.
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