National Social Security Authority (NSSA) general manager Dr Charles Shava has been cleared of charges of fraudulently altering board resolutions to facilitate awarding of unapproved ZW$12 million in wages and allowances to a group of the authority’s medical doctors sometime in 2022.
Harare regional magistrate Taurai Manuwere acquitted and discharged Dr Shava of the fraud charges after he upheld his application for discharge at the close of the State’s case.
Dr Shava, in his application, had argued that the State, through its witnesses, had failed to adduce evidence to prove a case against him.
Manuwere agreed noting that there was no proof from State witnesses linking him to the offence and alleged forged board resolution.
The court noted that the witnesses were unable to determine the source and origin of the forged resolution, as it did not contain Dr Shava’s e-mail.
“Clearly, therefore, from the foregoing, it is my considered view that the State should prove the essential elements of the offensive fraud on a balance of probabilities.
“Firstly, no evidence was laid to prove on a balance of probabilities that applicant made a misrepresentation to the complainant with the intention of causing the complainant to act in prejudice.
“This is because Exhibit 2, which is the core gist of the charge, bears no nexus to applicant, as no evidence was laid to demonstrate that it was authored and presented by him.
“Secondly, no evidence was laid to establish the essential elements of prejudice, whether actual or potential, on a balance of probabilities.
“This is because the three representatives of NSSA, who testified as witnesses, made it unequivocal that no prejudice was suffered at all as payment of retention allowance to NASS medical doctors was made pursuant to extending the NSSA board disposition and verdict.
“Clearly, therefore, from the foregoing, the application for discharging the cause of the case of the prosecution is hereby granted,” ruled Manuwere.
Former NSSA investment director Brian Murewa was also last week acquitted of defrauding the Authority of US$25 000, which was meant to buy a property in Kariba.
In acquiting Murewa, Harare Regional Magistrate Donal Ndirowei ruled that the State’s witnesses had failed to give evidence that proved that he had committed the alleged offence.
Ndirowei also ruled that documentary evidence that were produced during trial exonerated Murewa from the alleged offence.
The court also ruled that Murewa, according to documentary exhibits, was authorised by NSSA to enter into an agreement of sale with owners of the Kariba property.
The Herald
