Bulawayo City Council officer acquitted in diesel fraud case

The protracted trial of a Bulawayo City Council (BCC) senior divisional officer accused of defrauding the local authority of 37 560 litres of diesel valued at about US$54 637 has ended with his acquittal.

Bulawayo Provincial Magistrate Mr Richard Ramaboea acquitted Mr Peter Dube, citing serious institutional inefficiencies at the local authority and weaknesses in the State's case.

In his ruling, Mr Ramaboea said the trial exposed glaring shortcomings in BCC's internal controls, particularly the absence of a policy governing fuel usage.

"What emerged during this trial is that the BCC does not have a policy governing the usage of fuel, and that is a glaring sign of inefficiency," he said.

"The State witnesses gave different testimonies — one witness told the court that the accused was entitled to 210 litres per week, while another gave a different figure, and that was not recorded. No document was brought before this court as evidence."

The magistrate also questioned the credibility of the council's investigations, particularly the decision to conduct a road test without properly assessing fuel consumption.

"The mechanical expert told the court that air filters and oil were changed, but they never checked how much fuel the vehicle consumed," said Mr Ramaboea.

"Witnesses conceded that the odometer was not functioning, making it difficult to measure the distance travelled and the amount of fuel consumed. There was also no logbook to record mileage, which again points to inefficiency."

Mr Dube was represented by Mr James Dliwayo, who argued that the council vehicle in question was poorly maintained. He told the court that when the vehicle was eventually taken to a local garage, mechanics found that the engine was wet, indicating fuel leakage.

"The mechanical experts found that the engine was wet, proving that it was leaking," said Mr Dliwayo.

Prosecutor Mr Milton Moyo alleged that Mr Dube misrepresented facts to fuel attendants at Khami Stores and Famona Fire Station, resulting in fuel losses over several years.

According to the State, in February 2021 Mr Dube failed to account for 472.49 litres of diesel valued at US$689.84, while in May 2021 he allegedly defrauded the council of 614.11 litres worth US$896.60.

Between September 2021 and May 2022, he was accused of diverting 5 460.76 litres valued at US$7 972.71. Further allegations included the loss of 413.77 litres worth US$604.10 between June and July 2022, and 1 524.50 litres valued at US$2 225.77 between August and November 2022.

The State further alleged that between January and April 2023, Mr Dube misappropriated 3 790.05 litres worth US$5 533.47, followed by 9 787.43 litres valued at US$14 289.65 between May 2023 and March 2024.

Additional allegations covered 4 924.03 litres worth US$7 189.08 between April and June 2024, 1 499.62 litres valued at US$2 189.45 in July 2024, and 6 923.84 litres worth US$10 108.81 between August and November 2024.

However, the court ruled that the State had failed to prove its case beyond reasonable doubt, leading to Mr Dube's acquittal.