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CEO acquitted of criminal abuse of duty
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Zvimba Rural District Council (RDC) chief executive officer, Enias Chidhakwa, has been acquitted of criminal abuse of office charges after the Harare Magistrates' Court found no evidence of wrongdoing.
Presiding magistrate Mrs Marehwanazvo Gofa ruled that the State had failed to establish a prima facie case against Chidhakwa, who was consequently cleared of all charges.
Chidhakwa, who has held the CEO post since 2020, was accused of misusing 1,000 litres of diesel worth US$1,500 belonging to the local authority and of instructing council staff to use RDC vehicles and equipment in the construction of his private residence in Rainham, allegedly without following due process.
However, the prosecution's case unraveled during cross-examination of its key witness, Zvimba RDC chairperson and Chidhakwa's advisor, Mr Spencer Magaya.
Magaya testified that Chidhakwa's actions were in line with council policies and procedures, stating that the use of council resources was covered under the RDC's transport policy and authorised through the Collective Bargaining Agreement (CBA).
"As his immediate supervisor, I did not observe any irregularity or abuse of duty. The CEO acted within the bounds of his entitlements," Magaya told the court.
All relevant documents, including logbooks and requisition forms, were submitted to the court by consent. The defense argued that no evidence had been presented to suggest criminal intent or personal enrichment outside permitted benefits.
Magistrate Gofa concurred, ruling that the State had not proven that Chidhakwa had committed any offence.
"In the absence of evidence contradicting Mr Magaya's testimony and given the documentary proof supporting the defense, the court finds that no criminal act was committed. The accused is therefore found not guilty and acquitted," she said.
The ruling brings to an end a case that had cast a shadow over Chidhakwa's tenure. Following his acquittal, sources close to the Zvimba RDC say he is expected to return to his post with immediate effect.
Presiding magistrate Mrs Marehwanazvo Gofa ruled that the State had failed to establish a prima facie case against Chidhakwa, who was consequently cleared of all charges.
Chidhakwa, who has held the CEO post since 2020, was accused of misusing 1,000 litres of diesel worth US$1,500 belonging to the local authority and of instructing council staff to use RDC vehicles and equipment in the construction of his private residence in Rainham, allegedly without following due process.
However, the prosecution's case unraveled during cross-examination of its key witness, Zvimba RDC chairperson and Chidhakwa's advisor, Mr Spencer Magaya.
Magaya testified that Chidhakwa's actions were in line with council policies and procedures, stating that the use of council resources was covered under the RDC's transport policy and authorised through the Collective Bargaining Agreement (CBA).
All relevant documents, including logbooks and requisition forms, were submitted to the court by consent. The defense argued that no evidence had been presented to suggest criminal intent or personal enrichment outside permitted benefits.
Magistrate Gofa concurred, ruling that the State had not proven that Chidhakwa had committed any offence.
"In the absence of evidence contradicting Mr Magaya's testimony and given the documentary proof supporting the defense, the court finds that no criminal act was committed. The accused is therefore found not guilty and acquitted," she said.
The ruling brings to an end a case that had cast a shadow over Chidhakwa's tenure. Following his acquittal, sources close to the Zvimba RDC say he is expected to return to his post with immediate effect.
Source - The Herald