Joshua Nkomo acquitted

FORMER Plumtree Town Council treasurer heaved a sigh of relief when he was set free by the court on charges of allegedly swindling the locally authority of $16 195 during his term of office spanning six years.

Joshua Nkomo (52) who runs Kondabayakhe Sports Bar in the border town, resigned in 2016 after residents accused him of embezzling council funds and demanded his suspension. The residents had accused the council administration of overlooking Nkomo's offence. Nkomo pleaded not guilty during his trial, which started last year before Plumtree magistrate, Mr Taurai Manwere.

In his defence, he said he did not steal from council since he was taking what was due to him and taking it with the knowledge of the management, which kept the vouchers he used to collect the money. He also said he did not permanently deprive the complainant, the council, of anything as he wrote a letter advising the local authority to deduct the money from his terminal benefits. Nkomo then applied for discharge at the close of the State's case in terms of Section 198 (3) of the Criminal Procedure and Evidence Act. However, Mr Manwere has exonerated Nkomo from any offence and said the State failed to prove its case beyond any reasonable doubt.

". . . Accused told the court that he took the money lawfully and took it as his benefits entitled to him. He vehemently denied ever permanently depriving his employer. Complainant agreed that it has a facility to give advance salaries to employees but said the accused did not use laid down procedures. The State key witnesses who testified here, Christopher Ndlovu said he did not steal while Sibongile Ncube said he borrowed. These statements were a fatal blow to the State's case as they corroborated the accused that he was taking his benefits. The State has failed to prove its case against the accused person and is hereby found not guilty and acquitted. You are free to go," ruled Mr Manwere last week.

Charges against Nkomo were that during his term of office, from 3 September 2010 to 16 August 2015, he took money meant for various developmental projects and for employees and converted it to his personal use. He also allegedly took advance salaries and did not pay back the money.

The matter came to light after an audit of council finance statements by the local authority's internal auditor, Mr Christopher Ndlovu who allegedly discovered that $16 195 was missing and the matter was reported to the police. Earlier, Plumtree residents had petitioned the then Minister of Local Government, Mr Saviour Kasukuwere demanding the suspension of the Plumtree Council administration and all six councillors after accusing them of concealing Nkomo's case.