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Nyore Madzianike Senior Court Reporter
THE State is contemplating withdrawing corruption charges against Zimbabwe Revenue Authority (ZIMRA) board chairman Callisto Jokonya, the court heard.

A consensus has been agreed between the State and Jokonya’s lawyers, with the Prosecutor-General having been apprised over the position.

Jokonya is facing two counts of criminal abuse of office as a public officer.

Making submissions before Harare regional magistrate Mr Trynos Utahwashe, Jokonya’s lawyers Messrs Chrispen Mukome and Musindo Hungwe said a consensus had been reached.

“We have been liaising with the State and we have reached a consensus on an opinion where the State indicated that they were contemplating withdrawing the charges,” said Mr Mukome. “The docket has been taken to the Prosecutor-General to make his decision on our opinion.”

The State led by Mr George Manokore acknowledged that such a position was made and applied that the matter be postponed to August 24 pending the Prosecutor-General’s decision.

Circumstances leading to Jokonya’s arrest are that during the period from May 24 to June 27 2019, at the Zimra offices in Harare, he allegedly abused his duty by showing favour to Happier Kuzvinzwa when he caused the renewal of his contract of employment as commissioner customs and excise.

Kuzvinzwa’s term was supposed to expire on May 31, 2019, according to the State.

It is the State’s case that pursuant to his corrupt act and taking advantage of his position as board chairman of Zimra, Jokonya wrote a letter dated May 24, 2019 to Finance and Economic Development Minister Professor Mthuli Ncube — who is the appointing authority — claiming he had made due consultations with all Zimra board members and they had agreed that Kuzvinzwa’s contract be renewed for another four-year term.

It is the State’s case that on May 28 and acting on the misrepresentation, Minister Ncube approved the contract renewal.

Armed with the approval, Jokonya allegedly instructed the Commissioner-General of Zimra, Ms Faith Mazani, to prepare a contract of employment for Kuzvinzwa.

Ms Mazani allegedly refused to comply since there was no board resolution to that effect.

The court heard that having failed to convince Ms Mazani, Jokonya got a contract of employment, which he countersigned and was witnessed by external lawyers.

Ordinarily, such contracts are signed by the Commissioner-General and witnessed by the human resources director or chairperson of human resources committee.

On the second count, the court heard that on June 12, 2019 Jokonya allegedly convened a board meeting in an effort to ratify his actions of recommending the renewal of Kuzvinzwa’s contract of employment without a board resolution.

During the board meeting, some members allegedly suggested that legal opinion be sought to clarify on how to proceed since Minister Ncube had already approved the move basing on the accused’s sole recommendation.

Jokonya then allegedly abused or took advantage of his office as Zimra board chairperson by personally procuring consultancy service from Caleb Mucheche Law Chambers without going through the standard procedure of using the procurement management unit.

His actions, the State alleges, were meant to further his personal interest and to cover up his sole recommendation of renewing Kuzvinzwa’s employment contract without obtaining a board resolution.