Zanu-PF legislator in court for fraud and theft

A Zanu-PF legislator for Magunje, Franco Ndambakuwa (Zanu-PF) who was arrested on Monday on allegations of abusing the Constituency Development Fund, appeared in court on Wednesday facing two counts of fraud and three of theft involving over US$49 000.

Under the Constituency Development Fund, each constituency got US$50 000 for development projects.

According to indictment papers, Magunje lost US$49 304.

Ndambakuwa (52) was not formally charged when he appeared before Harare magistrate Ms Anita Tshuma.

He was remanded out of custody to March 19 on US$500 bail.

The legislator was ordered to report once every week to the Anti-Corruption Commission.

He was barred from applying for the replacement of his lost passport until the matter is finalised.

The MP is also required to reside at his given address and not to interfere with witnesses.

Prosecutor Mr David Magwegwe alleges that on September 30 2010, the Magunje constituency committee opened an account with Agribank.

During the period extending from November 1 to December 29 2010, Treasury transferred US$50 000 in three batches into the account.

The signatories were Ndambakuwa and two councillors, Badwell Chasara and Henry Dandawa.

On November 13, Ndambakuwa reportedly misrepresented to the constituency committee that he intended to buy four grinding mills for the four wards in the constituency.

Acting upon the misrepresentation, the committee withdrew US$10 000 to buy the grinding mills.

It is alleged Ndambakuwa pocketed the money.

The offence came to light following an audit by the Ministry of Constitutional and Parliamentary Affairs in May last year.

After the discovery of the offence, Ndambakuwa reportedly tendered a quotation from Fastsellers Hardware purporting it to be a receipt for building materials for Sadzi School worth US$4 972.

He also tendered two backdated cash  receipts of US$240 each from Stockday Distributors Pvt Ltd to prove he bought two generators yet he bought one, which he converted to personal use.

He requested for a cash receipt for another generator, which he promised to pay later and never did.

It is alleged Ndambakuwa did all this to cover up for the offence.

After he failed to account for the first withdrawal, the other signatories refused to authorise another withdrawal.

On December 31 2010, it is alleged that he manufactured minutes purporting that the Magunje CDF committee had resolved to change signatories to the bank account.

The two councillors were then replaced by Ndambakuwa’s wife, Lydia Musonza and his friend Joel Zvikonyauswa.

The legislator, it is alleged, withdrew US$16 660 from the account, which he pocketed.

The court further heard that from December 7 2010 to January 24 last year, Ndambakuwa made three separate withdrawals amounting to US$23 000.

He again converted the money to his own use.

To cover up, the legislator tendered two quotations from Fastsellers Hardware purporting to be receipts for the purchase of building materials worth US$9 260.

He claimed to have bought the materials for Zvarayi Secondary School and Mukakatanwa School yet he had not bought anything.

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