Maligwa applies for discharge

Mutare Town Clerk Joshua Maligwa who is facing charges of criminal abuse of office he allegedly committed while heading Rusape town council has applied for discharge at the close of the state case.

Maligwa is jointly charged together with former Rusape housing director Laurence Mushayabasa who also applied for discharge.

Maligwa's lawyer Mr Victor Chinzamba, in a written submission is arguing that the state failed to prove a prima facia case against his client hence the court must acquit him. He submitted that state evidence from Mr Raymond Marova of Opleves Investments, RTC chairman Alderman Amon Chawasarira his vice councillor Evaristo Manyengavana and two other people who bought the stands in the disputed land did not nail Maligwa anywhere.

"In order to secure a conviction in terms of SI74, the state needed to prove that, the accused persons were, at the time Public Officers of which in casu, there is no doubt they were, the accused persons did something which is contrary to or inconsistence with their duty as public officers or they omitted to do anything which it was their duty to do as public officers for the purpose of showing favour and disfavour.

"It is humbly submitted that the State dismally failed to discharge the onus of proving the above in as is apparent from the summaries of the evidence given by the individual state witnesses. Raymond Marova had nothing to say in support of the charge.

"He (Amon Chawasarira) said that although the land was properly sub-divided into smaller commercial stands, selling it was wrong. He did not adduce any evidence to show that the accused one (Maligwa) sold any land," he said.