Court upholds conviction of army boss

The Court Martial Appeal Court has upheld the conviction of former Zimbabwe National Army officer Lawyers Nyaruwata, ruling that he abused his public office by withdrawing troops from community construction projects after Members of Parliament refused to give him additional money.

In dismissing the appeal in its entirety, the court found that Nyaruwata deliberately misrepresented facts and improperly used military personnel as leverage for personal gain. The ruling leaves intact his 2019 conviction for criminal abuse of duty, his dismissal from the Defence Forces and a five-year prison sentence.

Nyaruwata, who was Officer Commanding 2 Engineers Squadron at the time, had appealed against both conviction and sentence following a hearing held on 10 January 2023. However, his legal team later abandoned the challenge to the sentence after conceding that the Defence Act did not permit the appellate court to interfere with it.

The case arose from Nyaruwata's conduct during deployments under the Military Aid to Civil Society programme at Rusununguko High School in Mudzi and Gozi Primary School in Wedza, where soldiers had been assigned to build school blocks and teachers' houses. The court found that he unlawfully withdrew the troops after Members of Parliament declined to continue giving him money.

MPs Jonathan Samukange and David Musabayana testified that Nyaruwata solicited funds from them during the deployments, allegedly to support trade tests for the soldiers. Musabayana told the court that although he initially believed the money was for the troops, he later realised it was being used for Nyaruwata's personal benefit. He said that when he stopped sending cash, Nyaruwata threatened to withdraw the soldiers.

Samukange also confirmed making payments, testifying that part of the money was used to buy a personal vehicle and to pay Nyaruwata's daughter's university fees. Both MPs said that once they refused to provide further funds, the troops were abruptly withdrawn despite the availability of building materials. Musabayana described arriving at one site with food supplies only to discover that the soldiers had left a week earlier.

Senior military officers corroborated this evidence. Lieutenant Colonel KG Manhimanzi told the court that only the Commander had authority to order a withdrawal and that Nyaruwata had no power to act on his own. Brigadier General Mhonda, the Commander at the time, testified that he authorised the withdrawal only after Nyaruwata falsely claimed that building materials had been exhausted. He said he would never have sanctioned the move had he known that the deployments were being used to extract personal payments.

The appeal court found that Nyaruwata's explanation that the withdrawal was due to a lack of supplies and impending trade tests was contradicted by the evidence. Justices Susan Mavangira, Samuel Kudya and Joseph Musakwa ruled that the appellant obtained the Commander's approval through misrepresentation, rendering that authority invalid.

The judges said Nyaruwata's conduct amounted to an intentional misuse of public resources, noting that the withdrawal was not based on operational needs but was intended to pressure the MPs after his demands were no longer met. They also observed that none of the money allegedly given to him was recovered, although a vehicle said to have been bought using part of the funds was confiscated.

In dismissing the appeal, the court held that all the essential elements of criminal abuse of duty had been proved, concluding that Nyaruwata knowingly acted contrary to the obligations of his office for an improper and personal purpose. The conviction and the original sentence of dismissal from the Zimbabwe Defence Forces and five years' imprisonment therefore stand.