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Fidelis Munyoro Chief Court Reporter
Former magistrate Tapera Vhudzijena’s attempt to have  his conviction and a three-year term of imprisonment for abuse of office and corruption quashed has failed after the High Court dismissed his appeal. Vhudzijena had appealed against both conviction and sentence imposed by a Gweru magistrate, arguing that his chances of success on appeal were high given the circumstances of the case.

But two judges of the High Court, Justices Felistus Chatukuta and Owen Tagu, upheld his conviction and sentence as proper to warrant the interference of the higher court.

“The appeal be and is hereby dismissed,” said Justice Chatukuta in a ruling last week that was concurred with by Justice Tagu.
The ruling comes barely a month after the Labour Court threw out Vhudzijena’s appeal for reinstatement.

Vhudzijena was last year convicted on five counts of corruption and abuse of office as a public officer after he authorised the sale of goods forfeited to the State for his benefit and that of his junior staff, contrary to rules.

The forfeited goods included electrical gadgets, household goods and generators.
Vhudzijena bought two inverters, a radio set, a two-plate stove, a television set, two solar panels, two DVDs, two power generators, a freezer, a bed comforter and two blankets, all for only US$200.

On the criminal appeal, the State argued that evidence showed that Vhudzijena did not hold a public auction when he disposed of the forfeited goods, but held a meeting in his office with his juniors and informed them to select property that they wanted to buy.

By disposing of the forfeited goods, argued the State, Vhudzijena showed favour to himself and his subordinates.
Last month, Vhudzijena lost an appeal against his dismissal after he argued that the Judicial Service Commission (JSC) should not have fired him because the disciplinary committee recommended demotion and transfer to a bigger station.