Kasukuwere fires fraud convict Bulawayo councillor

CONVICTED fraudster and Bulawayo Ward 23 Councillor Thobani Ncube has been fired from his council position and a by-election to replace him will soon be held, Local Government, Public Works and National Housing Minister Saviour Kasukuwere has said.

Ncube was last Thursday convicted of defrauding a resident of $12 000 in a housing scam and was sentenced to 36 months in prison.

He will, however, perform 360 hour of community service after a magistrate conditionally suspended the sentence.

Minister Kasukuwere said Ncube had breached provisions of the Urban Councils Act.

"If he has been convicted then he will no longer be a councillor. We will follow procedure and together with the legal team look at the issue but it's a given he cannot be a councillor anymore," said Minister Kasukuwere.

"We will work towards having a by-election to replace him though for now I'm not yet sure when as we have to meet and deliberate on that."

He said Ncube was no longer fit to hold office as he had had been dishonest in dealing with residents he was meant to protect and serve.

According to the Local Government Laws Amendment Bill, 2016, the minister can suspend a councillor from exercising all or any of his or her functions in the event that they are convicted.

"In accordance with section 278 of the Constitution, the chairperson or councillor of a council shall only be removed from office on the grounds of inability to perform the functions of their office due to mental or physical incapacity; or gross incompetence or gross misconduct.

"The same shall be removed from office after a conviction of an offence involving dishonesty, corruption or abuse of office; or a wilful violation of the law, including a local authority by-law," reads the document.

MDC-T national spokesperson Mr Obert Gutu said his party had a zero tolerance to corrupt officials and that Ncube would face the music.

"As a party we don't protect corrupt individuals regardless of their position in the party. Anyone who is found to be corrupt will be disciplined according to the MDC-T constitution.

"If any competent court of law has found him guilty then we will not protect him and he will go through disciplinary procedures like everyone else," said Mr Gutu.

"I've not looked at the documents but basically our position is that we don't tolerate corrupt leaders. We also would like to condemn political victimisation where our councillors are falsely accused but now if inquiries are fair and transparent, we do take action against corrupt party officials."

Ncube could not be reached for comment on his mobile phone yesterday.

Western Commonage magistrate Ms Nyaradzo Ringisayi convicted Ncube despite his plea of not guilty on Thursday.

"Such behaviour isn't expected from a leader that communities should look up to. Leaders should be exemplary," Ms Ringisayi said.

"Accused person is therefore sentenced to 36 months in prison. Six months will be suspended on condition of good behaviour for five years.

"Twelve months of the sentenced will be suspended on condition that accused person restitutes the complainant. The remaining 18 months will be suspended on condition that the accused person will perform 630 hours of community service."

Ncube conned Ms Vainah Moyo (54) of Barham Green suburb by selling her a stand which he also sold to one Mvangeli Xaba.

Last year in September, Minister Kasukuwere suspended five out of Bulawayo's 29 councillors for alleged corruption including the city's former deputy mayor Mr Gift Banda.

Three councillors were later exonerated but Mr Banda together with ward 21's Reuben Matengu were fired from council following an investigation by an independent tribunal.

Mr Banda has since approached the High Court seeking to be reinstated on grounds that he was innocent.