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Makoni RDC boss acquitted in US$17,500 CDF house case

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Makoni RDC boss acquitted in US$17,500 CDF house case

Mutare magistrate Poterai Gwezhira has acquitted Pius Mushaya, Makoni Rural District Council’s head of human resources and administration, on theft of trust property charges over the use of US$17,500 from the council’s Capital Development Fund.

ZACC arrested Mushaya last year, alleging he abused CDF funds on 14 June 2012 to buy his own house while acting as CEO from January to December 2012 during Edward Pise’s study leave. 

Court records show Makoni RDC transferred US$17,500 from its Barclays CDF account to Beauty Benge-Mweyamweya for Mushaya’s house.


 The State argued the payment violated Section 128 of the Rural District Councils Act, which limits CDF funds to capital expenditure and asset replacement. Prosecutors said Mushaya, as accounting officer and custodian of the CDF, lacked authority to approve payment to himself. 


The State further alleged the payment voucher was approved by finance chair Timothy Makoni and authorised by Mushaya.

In dismissing the case, Gwezhira ruled the State case was weak. The court found Council resolution FC105/2011 authorised the payment as part of Mushaya’s benefits, an internal council audit found no errors, and all requisitions, withdrawals and approvals had council approval.

Mushaya was represented by Munyaradzi Manyengavana of Manyengavana Law Chambers. Chris Munyuku appeared for the State.

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