News / National
Maligwa granted bail, Mushayabasa suspended
19 Jan 2018 at 01:02hrs | Views
Mutare City Clerk Joshua Maligwa, who is facing charges of criminal abuse of duty when he was Rusape Town Secretary, was last week granted $300 bail when he appeared before a Rusape magistrate together with Rusape Town Council housing director Laurence Mushayabasa, who has now been suspended.
Mushayabasa will soon appear before a disciplinary committee. Maligwa (46) and Mushayabasa (47), who are represented by Mr Ashel Mutungura and Mr Taurai Khupe, were not asked to plead by Rusape provincial magistrate Mr Shane Kubonera, who rolled the matter to January 26 2018. The court was packed to capacity by people who were keen on following the matter and a number of people failed to enter the small courtroom.
The State, represented by Rusape district prosecutor Mr Tirivanhu Mutyasira, consented to bail and Mr Kubonera ruled that Maligwa and Mushayabasa deposit $300 each, surrender their passports, reside at their given addresses, not to interfere with State witnesses who are Rusape town employees and councillors, and Maligwa reports every Friday at CID Mutare Central while Mushayabasa reports at CID Rusape.
Mr Mutyasira told the court that Maligwa and Mushayabasa violated Section 74 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9,23) which makes it criminal for public officers to abuse their offices and duties.
He said that Maligwa and Mushayabasa abused their position when they defied a full council resolution and went on to subdivide Mr Raymond Marova's (of Opleeves Investments) three stands without the blessing of council and Maligwa also bought one of the subdivided stands.
"On 30 July 2015 a regular full council meeting noted that Opleeves Investments industrial stands were within the 70 metres of the road servitudes contrary to General Notice 466/2004 which prohibits new developments along the Harare- Mutare highway within 70 metres from either side of the road centre."
"In view of the General Notice, council through resolution FCO7/07/15 resolved to replan the stands belonging to Opleeves Investments so that they do not encroach into the 70 metres servitude. Maligwa, acting in concert with Mushayabasa, who was the town planner, subdivided the piece of land into smaller units for commercial purposes contrary to council resolution FC07/07/15 dated 30 July 2015.
"On 5 March 2017 Maligwa advertised the sale of commercial stands on the subdivided piece of land owned by Opleeves Investments in the Sunday Mail dated 5 March 2017 and prospective buyers responded to the advert,'' noted the State.
Sometime in 2017 Mushayabasa acting in common purpose with Maligwa sold the subdivided piece of land to individuals and companies well knowing that the land belongs to Opleeves Investments Pvt LTD.
On 30 March 2017 Mushayabasa acting in concert with Maligwa allocated Maligwa commercial stand number 7711Wedza Turn Off Rusape measuring 1 331 square meters situated on the subdivided piece of land belonging to Opleeves Investments.
"Maligwa and Mushayabasa omitted to comply with full council resolution 07/07/15 which was their duty as public officers to do for the purpose of showing disfavour to Opleeves Investments and favouring Maligwa by allocating him a commercial stand on a piece of land owned by Opleeves Investments," said Mr Mutyasira.
Mushayabasa will soon appear before a disciplinary committee. Maligwa (46) and Mushayabasa (47), who are represented by Mr Ashel Mutungura and Mr Taurai Khupe, were not asked to plead by Rusape provincial magistrate Mr Shane Kubonera, who rolled the matter to January 26 2018. The court was packed to capacity by people who were keen on following the matter and a number of people failed to enter the small courtroom.
The State, represented by Rusape district prosecutor Mr Tirivanhu Mutyasira, consented to bail and Mr Kubonera ruled that Maligwa and Mushayabasa deposit $300 each, surrender their passports, reside at their given addresses, not to interfere with State witnesses who are Rusape town employees and councillors, and Maligwa reports every Friday at CID Mutare Central while Mushayabasa reports at CID Rusape.
Mr Mutyasira told the court that Maligwa and Mushayabasa violated Section 74 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9,23) which makes it criminal for public officers to abuse their offices and duties.
He said that Maligwa and Mushayabasa abused their position when they defied a full council resolution and went on to subdivide Mr Raymond Marova's (of Opleeves Investments) three stands without the blessing of council and Maligwa also bought one of the subdivided stands.
"In view of the General Notice, council through resolution FCO7/07/15 resolved to replan the stands belonging to Opleeves Investments so that they do not encroach into the 70 metres servitude. Maligwa, acting in concert with Mushayabasa, who was the town planner, subdivided the piece of land into smaller units for commercial purposes contrary to council resolution FC07/07/15 dated 30 July 2015.
"On 5 March 2017 Maligwa advertised the sale of commercial stands on the subdivided piece of land owned by Opleeves Investments in the Sunday Mail dated 5 March 2017 and prospective buyers responded to the advert,'' noted the State.
Sometime in 2017 Mushayabasa acting in common purpose with Maligwa sold the subdivided piece of land to individuals and companies well knowing that the land belongs to Opleeves Investments Pvt LTD.
On 30 March 2017 Mushayabasa acting in concert with Maligwa allocated Maligwa commercial stand number 7711Wedza Turn Off Rusape measuring 1 331 square meters situated on the subdivided piece of land belonging to Opleeves Investments.
"Maligwa and Mushayabasa omitted to comply with full council resolution 07/07/15 which was their duty as public officers to do for the purpose of showing disfavour to Opleeves Investments and favouring Maligwa by allocating him a commercial stand on a piece of land owned by Opleeves Investments," said Mr Mutyasira.
Source - manicapost
