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Leonard Ncube, Victoria Falls Reporter
SUSPENDED Victoria Falls Municipality housing director Lot Siatimbula, who was facing charges of allocating a housing stand to his nephew without council approval, was yesterday fined $500.

In addition Siatimbula (39) was sentenced to 12 months in prison which was wholly suspended on condition of good behaviour. If he fails to pay the fine by next week Friday, he will go to prison for five months.

Victoria Falls magistrate Ms Lindiwe Maphosa said there was overwhelming evidence against Siatimbula as she convicted him of criminal abuse of office.

The magistrate said although Siatimbula didn’t benefit from the transaction, there was a need to send a message against corruption which she said is on the rise.

“In coming up with an appropriate sentence, the court considered that you are a first offender and didn’t benefit from the transaction. Also you have already suffered from the conviction which may lead to loss of your job.

“But in aggravation, corruption cases are on the increase and it’s the court’s duty to send a message not only to you but to would-be offenders. You held a highly esteemed office and your conduct breached the trust bestowed on you,” said the magistrate.

Convicting Siatimbula, Ms Maphosa said he could not have made an absolute decision without council approval because he did not have absolute powers while council rules were clear that employees can only benefit after serving for two years.

The magistrate ruled that Siatimbula’s conduct, when he allocated stand Number 1585 measuring 3 300 square metres, at 25 percent of all costs to his relative Mr Sena Mumpande without council approval, coupled with failing to declare interest on the matter, was inconsistent with his duties as a housing director.

While Siatimbula, through his lawyer Mr Zibusiso Ncube of Ncube and Partners, claimed charges were inspired by bad blood between him and Town Clerk Mr Ronnie Dube, the magistrate said the court was not convinced that was the case.

In mitigation, Mr Ncube had said the offence was of a technical nature hence his client could not be punished for using his discretion.

He had called for a caution, which prosecutor Mr Takunda Ndovorwi challenged saying it would have been a mockery of the justice system considering that Siatimbula abused the trust bestowed on him by council on behalf of residents.

Prosecuting, Mr Ndovorwi said Siatimbula, who was suspended without pay on February 14, unproceduraly allocated the said stand in Victoria Falls to his brother’s son Mr Mumpande, who had not applied for it.

Siatimbula made misrepresentations to council about the stand and attempted to coerce the chamber secretary Ms Kholwani Mangena to process an agreement of sale and later tried to reverse the process, the court was told.

Mr Mumpande would have paid $15 815 of the total $48 410 at 25 percent discount on all costs excluding 15 percent VAT, yet he joined council as a general hand last year.

This was in violation of Section 4(D) (1) of the Victoria Falls Municipality Code of Conduct thereby making him liable to a criminal charge of abuse of office as a public officer.

The chamber secretary picked the anomaly and alerted town clerk Mr Dube, leading to Siatimbula’s suspension and arrest.

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