ZACC Media Update
Outline
1. Complainant is the State being represented by Chitambo Fortunate who is the Acting Deputy Director in the Section of Stateland in the Ministry of Local Government, Public Works and National Housing.
Accused [1] is Andrew Rhory Shawatu (60) who was the Principal Administration officer of Statelands Section, he was a public Officer and was the Secretary of the State Allocations Committee responsible for the allocations of Commonage stands, in the Ministry Local Government, Public Works and National Housing. He was the public officer in 2010 when the offense was committed responsible for ensuring that due diligence is shown in the selection of a
Accused [2] is Mudzinge Nyarai Priscillah (55) who was the Director Urban Planning and a member of the State Allocations Committee responsible for the allocations of Commonage stands in the Ministry of Local Government and Public Works. He was a public officer in 2010 when the offense was committed who went on to approve applicants who were not waiting list as was recommended by accused [3] .
 Accused [3] is Chimoga Leah (42) who was Acting Director Legal in the Ministry of Local Government and Public Works and was also the Chairperson of the State Allocations Committee responsible for the allocations of Commonage stands in the Ministry of Local Government and Public Works , when the offense was
Committed.
Accused [4] is Mtyambizi Daisy (51) she is the Deputy Director in the Department of Spartial Planning in the Ministry of Local Government and Public Works. She was a member of Stateland Allocation Committee and a public officer in 2010 when the offense was committed.
 Sometime during the period 2010 to 2011 when the offence was committed the accused persons were members of the Stateland Allocation Committee. Their duties were to give recommendations to the Permanent Secretary for the approval of allocation of residential, commercial and institutional stands under Commonage they are guided by State Land Management Manual Part 2 subsection (G1-4) and (H).
 Sally Mugabe Heights Housing Cooperative was offered 760 hectares of residential purposes at Acorn Farm; this is according to offer letter dated 07th January 2005 from the Ministry of Local Government and Public Works.
On the 15th July 2005, the Department of Physical Planning through its Director and in terms of Section 43 of the Regional, Town and Country Planning Act (Chapter 29:12) approved a Lay Out Plan reference number HOPU07 of a Housing Scheme called Acorn Estate which was registered as a general plan of stands 1-2068 Acorn Estate.
The Ministry of Local Government and Public Works went on to retain 10% for its own use and therefore allocation of commonage is the prerogative of the Minister of Local Government and Public Works.
 According to the State land Management Manual Part 2 Sub-Section (G1-4) accused persons were required to use waiting list and priority lists/ consideration for allocation and other exceptional circumstances to generate an allocation memorandum for approval by the Permanent Secretary of the Ministry of Local Government and Public Works.
Investigation carried out revealed that sometime in November 2010 and April 2011 and May 2011, accused 1,2,3 and 4 connived and wrote memorandums to the Secretary recommending the allocation of residential stands in Acorn, they however sought for the approval while disregarding dictates of the State land Management Manual Part 2 Sub-Section (G1-4).
 In their memorandums accused persons acting in common purpose misrepresented to the Secretary by recommending the allocation to be done to people who were not on the General waiting list, priority lists/ consideration for allocation and they were no other exceptional circumstances, this was contrary and inconsistent with their duties thereby showing favour to their relatives and cronies.
 Working with the misrepresentations done by the accused persons, the Secretary went on to approve individuals who did not meet the allocation criteria disfavoring individuals on waiting list. Below is a list of beneficiaries whom they showed favour.
Stand Number Beneficiary Identity Number
1491 Tecla Makoni 63-283519 H47
1725 Juliet Chaipa U/K
1860 Confidence Dengu 59-004938 B80
1136 Susan Sikhala U/K
1425 Chitaudze U/K
570 Evan Mushangazhike U/K
1436 Babra Chinyani U/K
1425 Mlandla Joylene U/K
1721 Antonio Benny 63-283519 47
Value of property prejudiced: US$200 000.00 Value of property recovered – NIL
The four accused will appear in Court 8/5/2021 morning.
