News / National
Mayor imprisoned for stealing $460 (USD)
06 Mar 2013 at 14:15hrs | Views
BINDURA mayor Ivory Matanhire was yesterday jailed for six months for stealing US$460 from the municipality. Matanhire, claimed the money from council last year as travel and subsistence allowance for her business trip to Nyanga.
However, Matanhire (43) did not proceed to Nyanga and instead had to host Local Government, Rural and Urban Development Minister Dr Ignatius Chombo, who was visiting the town on the same day.
Instead of returning the money, the mayor converted the cash to her personal use.
Bindura senior magistrate Mrs Tendayi Chifamba sentenced Matanhire to 10 months in jail before two months were suspended on condition she will not commit a related offence in the next five years.
An additional two months were set aside on condition she pays back the outstanding US$210.
The court found that the mayor had set a bad record considering that she was a respected public official and there was a need for a custodial sentence.
It was also considered that the funds in question were public funds and that imprisonment was the most appropriate penalty.
Matanhire pleaded not guilty to the theft charge when the trial opened, but was found guilty after a full trial.
Mashonaland Central area public prosecutor Mr Emmanuel Muchenga established that on September 17 last year Matanhire received US$460 as travel and subsistence allowance to enable her to attend a finance sub-committee meeting in Nyanga scheduled for September 20 the same year.
Matanhire cancelled the trip after Minister Chombo indicated that he was visiting Bindura Town Council on September 20.
Although Matanhire was aware that the trip had been cancelled, she never communicated with the council and did not return the allowances extended to her.
Instead, she converted the money to her own use.
On November 23 2012, detectives from the Criminal Investigation Department in Bindura launched investigations into the case.
When Matanhire got wind of the investigations, she restituted US$250 leaving a balance of US$210.
She wrote a note undertaking to liquidate the balance in two months.
Bindura lawyer Mr Rainos Gumbo of Gumbo and Associates represented Matanhire in the case.
During the trial, Matanhire denied the charge arguing that the matter was purely civil and that council should simply claim its outstanding US$210 through the civil courts.
But the State maintained that the case was criminal although another civil route could also be followed.
In mitigation, Matanhire told the court through her lawyer that she was a female first offender and the court should lean in her favour.
She pleaded with the court for a fine arguing that the stolen money was not much and that she was prepared to pay off the balance.
Mr Muchenga, in aggravation, argued that the sentence must be deterrent enough considering that courts are supposed to punish the conduct and not the value.
Mr Muchenga told the court that Matanhire stole the money well knowing that it was ratepayers' money and that residents at the time were even demonstrating over poor service delivery.
The prosecutor said Matanhire did not deserve any lenience.
He said although Matanhire was a first offender, she started at a deeper end.
However, Matanhire (43) did not proceed to Nyanga and instead had to host Local Government, Rural and Urban Development Minister Dr Ignatius Chombo, who was visiting the town on the same day.
Instead of returning the money, the mayor converted the cash to her personal use.
Bindura senior magistrate Mrs Tendayi Chifamba sentenced Matanhire to 10 months in jail before two months were suspended on condition she will not commit a related offence in the next five years.
An additional two months were set aside on condition she pays back the outstanding US$210.
The court found that the mayor had set a bad record considering that she was a respected public official and there was a need for a custodial sentence.
It was also considered that the funds in question were public funds and that imprisonment was the most appropriate penalty.
Matanhire pleaded not guilty to the theft charge when the trial opened, but was found guilty after a full trial.
Mashonaland Central area public prosecutor Mr Emmanuel Muchenga established that on September 17 last year Matanhire received US$460 as travel and subsistence allowance to enable her to attend a finance sub-committee meeting in Nyanga scheduled for September 20 the same year.
Matanhire cancelled the trip after Minister Chombo indicated that he was visiting Bindura Town Council on September 20.
Although Matanhire was aware that the trip had been cancelled, she never communicated with the council and did not return the allowances extended to her.
Instead, she converted the money to her own use.
When Matanhire got wind of the investigations, she restituted US$250 leaving a balance of US$210.
She wrote a note undertaking to liquidate the balance in two months.
Bindura lawyer Mr Rainos Gumbo of Gumbo and Associates represented Matanhire in the case.
During the trial, Matanhire denied the charge arguing that the matter was purely civil and that council should simply claim its outstanding US$210 through the civil courts.
But the State maintained that the case was criminal although another civil route could also be followed.
In mitigation, Matanhire told the court through her lawyer that she was a female first offender and the court should lean in her favour.
She pleaded with the court for a fine arguing that the stolen money was not much and that she was prepared to pay off the balance.
Mr Muchenga, in aggravation, argued that the sentence must be deterrent enough considering that courts are supposed to punish the conduct and not the value.
Mr Muchenga told the court that Matanhire stole the money well knowing that it was ratepayers' money and that residents at the time were even demonstrating over poor service delivery.
The prosecutor said Matanhire did not deserve any lenience.
He said although Matanhire was a first offender, she started at a deeper end.
Source - TH
