Martin Muleya
RUSAPE-Three Rusape Town Council officials, Togarepi Nerwande (Human Capital and Administration), Morris Tekwa (Director of Housing and Community Services) and Arnold Mandizvidza Kutoka (former Council Engineer) have been acquitted of criminal abuse of duty charges by Mutare Provincial Magistrate Anne Ndiraya.
The officials were accused of unlawfully reviving and processing a rejected application from Texas Energy Pvt Ltd for a solar power plant in Tsanzaguru, Rusape, between September and December 2022.
The State alleged that the officials bypassed statutory procedures, including public notification and ministerial approval, and misrepresented the land as “open space” suitable for development, despite its residential designation.
It was the State’s case led by Thurstone Mubvumbu that sometime in 2018, Texas Energy Pvt Ltd proposed developing a solar power plant in Tsanzaguru, Rusape, but the Ministry of Local Government rejected the proposal due to insufficient land and existing residential zoning.
“Between September and December 2022, the accused unlawfully revived and reprocessed the previously rejected application without adhering to required legal procedures.On 28 December 2022, Togarepi Nerwande illegally signed a 99-year lease with Texas Energy, misrepresenting the land as “open space” suitable for development, despite its designation for residential use.
“The accused deliberately bypassed statutory procedures, including public notification and ministerial approval required for land-use changes,” Mubvumbi prosecuted.
However, the court found the State failed to prove a prima facie case, and the officials were discharged and found not guilty.
The acquittal brings an end to the case, which had seen the officials facing charges under Section 174 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
