Harare City Council (HCC) will be under the spotlight when the commission of inquiry set up to look into its affairs begins public hearings today after it was granted a warrant of search and seizure of important documents, including contracts of employment for the town clerk and directors.
Harare provincial magistrate Dennis Mangosi on June 13 this year granted an application for the warrant to the commission.
President Emmerson Mnangagwa last month appointed a commission of inquiry to investigate the City of Harare management and council since 2017.
The commission is chaired by retired judge Justice Maphios Cheda.
Acting officer commanding at Criminal Investigations Department (CID) commercial crimes division Northern Region Simba Mabasa applied to the courts to be issued with a warrant for the Harare City Council to surrender to the commission important documents.
Mabasa is one of the investigators in the commission.
“I am the acting officer commanding Team 1 and CID Commercial Crimes Division Northern Region, Harare and I am one of the investigators in a commission of inquiry into Harare City Council governance.
“There are allegations of financial mismanagement at Harare City Council and the commission of inquiry into Harare City Council governance intends to outline and execute a plan which ensures a comprehensive, transparent and efficient investigation into the governance of Harare City Council aligning with legal and procedural requirements while maintaining public trust.
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“Therefore, to facilitate the inquiry, I pray that a court order be issued to Harare City Council to supply the commission of inquiry into Harare City Council governance with the following information, current contracts of employment for all its employees from position of director to town clerk,” he said.
Mangosi granted the order, a copy of which is in the possession of NewsDay.
The warrant of search and seizure was issued in terms of sections 49(b) and 50(1) of the Criminal Procedure and Evidence Act [Chapter 9:07].
“Whereas from information taken upon oath before myself there are reasonable grounds for believing that City of Harare is in possession or control of information relating to Harare City Council’s employee contracts from directors to town clerk which are required as exhibits in a commission of inquiry into Harare City Council governance,” Mangosi said.
“Subject to sections 52 and 53, an article referred to in section 49 shall be seized only by virtue of a warrant issued by a magistrate or justice, if it appears to the magistrate or justice from information on oath that there are reasonable grounds for believing that any such article is in the possession or within the area of jurisdiction.
“It is, therefore, directed that the Harare City Council supply the commission of inquiry into Harare City Council governance with the following information: Current contracts of employment for all the employees from the position of director to town clerk.”
Mangosi, in the order, also said the local authority could provide them with more information that could assist the investigators.
“These are, therefore, in the State’s name to command you to proceed to Harare City Council and therefrom immediately obtain and take custody of the mentioned articles and take them to a police station or other place of safety until the matter is finalised or until you receive further orders of the court,” the magistrates said.
Mayor Jacob Mafume yesterday said he heard of the warrant of search and seizure.
“Yes, I heard of the search,” he curtly responded to inquiries made yesterday.
Meanwhile, Harare Residents and Ratepayers Trust director Precious Shumba has expressed concern over the hidden agenda behind the establishment of the commission.
“As Harare Residents Ratepayers Trust, we are concerned with the hidden work which is being done by the police officers in the name of commission of inquiry,” he said.
“Why do they seek a search and seizure warrant as if to create an impression that Harare City Council is not co-operative? We are now thinking of what the real motive of the commission of inquiry and its establishment is.”
The development comes after reports from Town House indicated that some top officials, including the town clerk, have been working without contracts.
Town clerk Hosiah Chisango is said to be working without a contract and his close ally human capital director Mathew Marara allegedly drew a document that he is using while waiting for the contract.
The two reportedly guard their jobs jealously, with Marara appointing himself executive assistant to the town clerk, a non-existent position in the city’s structures.
There are also some positions that seem to have been created for certain individuals in a development that has seen council losing thousands of United States dollars.
The commission of inquiry is set to investigate financial management systems, audit compliance with the Public Finance Management Act and management of revenue generated through special vehicle companies and other outsourced arrangements.
Cheda’s commission has also been directed to investigate reasons behind failure to operate an Enterprise Resource Planning system for Harare City Council and quantify any losses accruing as a result.
It has also been tasked to investigate and ascertain the procedures of management, sell, lease or transfer of the local authority’s properties to private entities and to probe and investigate convening of council meetings as well as adherence to the standing orders and rules in council meetings by the local authority, among others.
