Court Dismisses Case Against Former Upper Manyame ...

Court Dismisses Case Against Former Upper Manyame Council Chairperson Mau Mau Over Termination Gratuity

Gilbert Munetsi - Zim Now Writer

The Harare Regional Court has dismissed a case brought by the Upper Manyame Sub-Catchment Council against its former chairperson, Stalin Mau Mau, who was accused of unlawfully authorizing a termination gratuity payment to the council’s former Chief Executive, Wensley Muchineri.

The dispute centered on a termination package amounting to approximately US$84,000 and ZWL155 million, awarded to Muchineri upon mutual termination of his contract. The Council contended that the payment process was irregular, claiming that no proper quorum of board members convened to approve the gratuity, and that Mau Mau failed to notify the relevant government ministries, specifically the Ministries of Agriculture, Water, Fisheries and Rural Development, and Finance, as required by law.

The Council alleged that these procedural lapses warranted prosecution under Section 198(3) of the Criminal Procedure and Evidence Act (Chapter 9:07).

Despite the State’s insistence that Mau Mau stand trial, Magistrate Taurai Manuwere ruled in favor of the former chairperson, stating that there was no evidence on which a reasonable court could convict. The magistrate described the prosecution’s evidence as “manifestly unreliable” and found that the essential elements of the alleged offence were not proven.

Key to the ruling was the presentation of minutes from an extraordinary full council meeting held on November 29, during which the board resolved to pay the gratuity. These minutes were admitted as proof that the council had indeed met and deliberated on the matter. Furthermore, the magistrate confirmed that the resolution was later ratified at the Annual General Meeting (AGM) of stakeholders, and that Mau Mau had duly notified the relevant ministries about the terminal benefits.

The case had initially attracted attention when Mau Mau was charged with contravening the Public Finance Management Act. It was alleged that after Muchineri requested mutual termination of his contract in October last year, Mau Mau presented the request to the board, which approved the gratuity during the extraordinary meeting. Mau Mau then notified the Ministers of Lands, Agriculture, Fisheries, Water and Rural Development, and Finance on the same day.

However, the State argued that the AGM held on December 14, where the resolution was ratified, lacked a quorum as required by the Public Entities and Corporate Governance Act. Further, it was claimed that Mau Mau proceeded to finalize the termination agreement on January 2 before receiving government approval, thereby making a significant financial decision without proper authorization.

The gratuity contract stipulated that 70% of the payment would be in US dollars and 30% in local currency, a structure contrary to the corporate governance circular limiting US dollar payments to a maximum of 40% of gross remuneration.

Despite these allegations, the court found the procedural steps taken by Mau Mau and the council to be in compliance with the law. The extraordinary board meeting and AGM minutes demonstrated proper deliberation and ratification, while the notifications to government ministries were confirmed. Consequently, the magistrate discharged Mau Mau, concluding that the prosecution had failed to establish a prima facie case.

Mau Mau was initially released on US$100 bail and remanded to June 6, but the dismissal of the charges marks a significant legal victory for the former chairperson and underscores the importance of clear evidence in financial governance cases within public entities.