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Court Reporter
Teachers Union of Zimbabwe chief executive officer Manuel Nyawo and public relations officer Michael Kosa were last week cleared of charges of denying police access to financial documents linked to the alleged misuse of US$563 623 in a housing project.
Nyawo (43) was jointly charged with Kosa (44) in the case and the two were acquitted after they filed an application of discharge at the close of the State case.
Harare magistrate Ms Renika Dzvikiti ruled that there was no evidence that the accused were custodians of the financial documents linked to the housing project.

“TUZ and the Ushewokunze housing projects are two different entities. The police said they were told that the two accused had the books, however, hearsay evidence is not admissible in court, it was prudent that investigations be carried out.

“It was not proven that the employees were instructed not to open doors. I am not convinced such evidence was led in court, they are found not guilty and acquitted,” she said.
Prosecutor Mrs Molyn Mutamangira-Mavhondo alleged that in November last year, a TUZ Ushewokunze Housing Project committee member reported alleged fraud to the police.

The court heard that investigations revealed that Nyawo and Kosana were the overseers of the project and were in custody of the financial records.
It was alleged that efforts to recover the documents were fruitless as the pair refused to release them to the police.

On March 5, an application for a search warrant was granted and detectives proceeded to No.. 184 Little Acre, Belvedere, where TUZ offices are located.
Detectives introduced themselves to the receptionist who told them that the accused were out of office.

It was alleged that Nyawo was informed on his mobile phone of the intention to seize documents on March 10.
On the said date detectives visited the offices and Nyawo was nowhere to be found, leading them to conclude that he was being evasive.

The police returned to the offices two days later and found the gate closed, but they knocked after realising that there were people inside the premises.
It was alleged that a general hand, Pauline Chiyangwa, approached the gate and turned away after being asked to open it, prompting the officers to scale over the security wall into the premises.

The court heard that they found the main screen door locked and the receptionist went to the backyard.
Another employee, Phephile Malinga, told the detectives that she had strict instructions not to allow them into the offices.