An Analysis on the Suspended Rusape Town Secretary’s Case and Intimidation of Witnesses

Following the 11^th of May incident which saw Rusape Town Council Secretary Mr Solomon Gabaza being send on forced leave with full benefits, by the Chairperson of Councilors, it is good for this publication to write an orderly account of how things unfold to the most special residents of Rusape and the Ministry of Local Government and National Housing. This analysis will be followed by more installments until the matter is finalized. 

By Staff

When proper canons of justice are at place witnesses must be protected from harm, threats and other actions by the accused person. Attempts are often made to threaten or persuade a witness not to give evidence, or to give evidence in a way that is favourable to the defendant. Following the Rusape town secretary's forced leave, he has to date not had any form of rest. He is trying to find the right medicine to force his way back to work. Intimidating a witness is a serious criminal offence. There are certain scenarios which make it an offence to meddle with a key witness:

·         An act which intimidates, and is intended to intimidate , that other person;

·         Knowing or believing the other person is assisting in the investigation of an offence or is a witness/potential witness or a juror/ potential juror in proceedings for an offence;

·         Intending thereby to cause the investigation or course of justice to be obstructed, perverted or interfered with.

If a person does an act which intimidates another with the requisite knowledge or belief that an investigation is underway, then he/she is presumed to have done so with the necessary intent unless the contrary is proved. A witness is defined as a person who provides,or is able to provide information or documentation which might be used in evidence in proceedings, or might confirm other evidence which will or might be admitted in those proceedings, be referred to in the course of evidence given by another witness in those proceedings or be the basis for any cross examination during these proceedings. There is a presumption that the defendant intended to pervert, obstruct or interfere with the course of justice if it is proved that he did an act that intimidate another person, and did the act knowing or believing that the person in question was, or might be a witness in relevant proceedings  

Gabaza is counter levelling some allegations to the Councillors for failing to follow due process and that they made decisions tethered around political motives, since, according to him, he is a member of the ruling party, Zanu Pf (though he is not even a card carrying member but only using the ruling party to frustrate and intimidate witnesses), to effect his suspension. He is alleging some form of animosity with the rest of the Councillors, except for only one who happens to be Zanu Pf (but the same councilor agreed with the rest of councilors in the special full council meeting held immediately after the secretary’s suspension). Now Gabaza is singling out the same councilor so that he may side with him. This publication has it on good authority that before the Town secretary was suspended, all councilors unanimously agreed to request for a special full council meeting and a letter was written, to now suspended Town Secretary, requesting for a permission to hold a special full council meeting through the Local Government Minister. The same councilor who is now captured by Gabaza directly phoned the minister (and the audio evidence is there) telling him of their resolution as councilors, a move which was blocked by Gabaza when he was still in office. This councilor could have been captured because it is known that he was involved in scandalous hiring of his trucks to the Rusape town council without declaration of interests as required by the Urban Council Act. So far Gabaza has never rested at all, frequents Harare, Mutare and even traditional healing shrines and the cover of the darkness.

Gabaza is facing a myriad of allegations, all of which are under investigation. What is mind boggling is the fact that he is being paid his full salary and receiving all his full benefits. Had it been that he is not being paid, one would have thought that maybe he is fending for his family. Day in day out Gabaza’s foot soldiers chief among them Godfrey Mufuranhewe aka Dr Joy Tech is circulating threats on WhatsApp groups, of Rusape residence, that the Councilors will face unspecified actions as the secretary is going to be reinstated anytime soon with the help of the most powerful politicians and among them the Hon Vice President Dr C.G.D.N Chiwenga and minister of State for the province of Manicaland Dr E Gwaradzimba. However, an investigation by this publication indicated that Mufuranhewe was just hired probably by the secretary to disseminate the news so that it may impinge the investigations currently underway. Neither the VP nor Dr Gwaradzimba tried to stop or reinstate the Town Secretary but its true he engaged them through third parties to flex their political muscles and order an imminent reinstatement. Mr Mufuranhehwe alleged that the investigating committee will have to report to the Local Board within a period of 14 days and this claim is baseless as the investigating team is not reporting to the still to be gazzetted board instead they report to the Minister through Council. The onus lies with investigators to prove their point and or to seek extension of their investigating time and it’s allowed at law. Mufuranhewe is trying to divert investigators from their mandate because he knew very well that the Councillors are also part of the WhatsApp group which he is using to attack the investigating committee thereby interfering with investigations. He (Mufuranhewe) claimed the acting secretary is related to VP Chiwenga so he is immune to any wrong doing. Whether it's true or not but a sane person will not expect the Hon VP to stoop so low when he knows procedures must be followed. It simply exposes the Town Secretary he knows he committed serious crimes that may see him incarcerated hence all this rantings and threats. 

Gabaza is enjoying everything whilst he awaits the investigators' to give all the evidence which would be used to determine his fate. He seems highly unsettled, vindictive and jittery which is making residents wonder why, if he is innocent, everything being equal. In his bid to try to scuttle the investigators' efforts to amass evidence, Gabaza is said to have gone to Harare to 'borrow' support from the Zanu Pf party which he feigns unproved association with, maybe since he used to donate his 'loot' to some members and government officials and reliable information told this publication that he met one Central Committee and Politburo member who instead promised to help him find a better lawyer. He is said to have met some members from the Local Government and National Housing Ministry trying to direct them to intervene in his said cases in contrary to his forced leave conditions. 

There are also some senior officers from the Local Government Ministry whom he approached, who are also feeding this publication with everything that he says. Most of the people are accusing the DDC Makoni (Mr Mashindi), who is now moving for the arrest of the Councillors who are assisting with investigations and giving evidence in this case. 

The Vice President, Cde Chiwenga visited Rusape last week, and Gabaza tried to bring his issues to his attention to no avail. The VPs no nonsense stance failed Gabazas plans. Yet another failed effort and yesterday, the 26th of May 2020, Gabaza visited Mutare with Cllr Clever Chimuse with the intention of meeting the Minister of State Joc Manicaland and the PDC. They wanted to 'summon' enough courage which they would subsequently use to threaten the Councillors and officials at Rusape Town Council so that they do not provide all the evidence. All this free reign is making Gabaza think the system of governance supports corruption and vindictiveness. Imagine even if the VP wanted to help, how will he do so when the person is already spreading the news bragging in the town that he is untouchable and people will see? 

Gabaza is forgetting that if you commit a crime, no one will stand by you, just like what has recently happened to Mr Mutodi. Now, the only Zanu Pf Councillor is being threatened into submission. He is being forced to oppose the resolutions that he was part of which he and other councilors agreed upon i.e deliberating on to send Mr Gabaza on forced leave. That was the right thing to do given the circumstances.

After some spirited and thorough investigations, this publication has it on good authority that what Gabaza fears is not ultimate dismissal, but that there may be a lot of other corruption cases that would be unearthed during the process. The insinuations were once deliberated upon by a commission led by DDC Masawi from Marondera District. It is within public knowledge that a commission was once put in place and all its efforts were put in vain. The members were bribed, all this is known. 

The Commission's soiled recommendations gave some false impression to the Minister of Local Government, Hon July Moyo that he thinks everything that was done by the Town Secretary was above board. All this fabric is what's making him unsettled, and now pushing that the investigations be either stopped or influenced in his favour. If the investigations are done well, with any influence or undue favour, he would be jailed. He is working flat out to ensure nothing against him sees the light of the day. He is even spending all that he has at least if it makes him be deemed innocent and be reinstated. 

The residents are now beginning to wonder how the suspended Town Secretary still continue to operate with some unfettered discretion, being allocated fuel which he is taking to the black market, why as if all is normal? Nothing has so far stopped him from interfering with witnesses, bribing potential witnesses and investigators, to mention only a few arising actions!

Most residents in Rusape are now heaping everything about Gabaza on their representatives. They are saying their representatives, including the Councillors themselves, that they are protecting a criminal and that they have hitherto stood by him for too long..They also wonder why a sane person like Mufuranhewe will side with the Town secretary when he was supposed to be representing residents; this only point to one thing – partners in crime. Mufuranhwe is greed and once he sides with someone its either he benefited from the shenanigans or he is paid to fight a cold war. This will only be proved by investigations and Mufuranhewe’s actions will soon be exposed. Since the issue is still under investigation, this publication is not in a position to divulge most of the names of the people who are trying to shield the Town Secretary. 

In a bid to procure favours, Gabaza is, in the process, breaking some obligatory measures to stay away from interfering with the investigative process and offices. Gabaza is pushing everything to the tune that he is proved innocent. He is sort of guiding the investigators, trying to influence their way of doing their job. If he happens to be proved innocent, then nothing would further moribund his reinstatement. This is only how he would prove that the accusations that had been levelled on him had some true political motivation. Action now speaks louder than his voice. It now goes without saying it that he is trying to hide something, he has a very good case to answer. 

However, it is not surprise to see most leaders fighting in his corner, thus leaving a lot of questions than answers if justice ever be done. As sure as day follows night, residents demand justice in this case. There is need to reconstitute the investigation team and make sure that the proper cannons of justice are upheld. This chapter is almost done but residents are assured of another installment of analysis of how events are going to unfold between now and the submission of the report by council to the minister.