Monday, July 30, 2012

(NEWZIMBABWE) CDF looting MPs face five years in jail

CDF looting MPs face five years in jail
29/07/2012 00:00:00
by Staff Reporter

LEGISLATORS who looted their Constituency Development Fund (CDF) allocations could be jailed for up to five years under proposals set to be put before Parliament.

Four MPs, three from the MDC-T and one from Zanu PF were arrested early this year for allegedly diverting for personal use part of their CDF allocations but efforts to prosecute them stalled after it emerged there was no law outlining possible penalties.

“We had to revert to the Criminal Law and Codification Reform Act, which we have pointed out to be a weaker legal statute. Moreover, MPs do not fall under the Public Finance Management Act,” said Constitutional and Parliamentary Affairs permanent secretary, Virginia Mabhiza.

Charges against Albert Mhlanga (MDC-T Pumula) and Franco Ndambakuwa (Zanu PF Magunje) were subsequently dropped with the state advised to proceed by way of summons while cases against Marvellous Khumalo (MDC-T St Mary’s) and Cleopas Machacha (MDC-T Kariba) are still pending.

Mabhiza said a Bill to facilitate the prosecutions would soon be brought before Parliament adding consultations were continuing between the Ministry of Finance, the Attorney General’s Office and the Office of the Comptroller and Auditor General.

“We have stepped up our efforts and the Bill will soon go to Parliament before it becomes an Act. The new law, if enacted, will help us in dealing with those who think that they are off the hook,” she said.

“No one will go scot-free because these funds are meant to develop constituencies not self-aggrandisement. We are having final discussions with stakeholders, but the Bill now has a penalty section that is going to nail looters of the funds.

“The CDF administration will be done through a board that has a chief executive. The board will help in the control and application of the CDF.”

Finance Minister Tendai Biti allocated US$8 million to the CDF in the 2010 national budget with each legislator entitled to US$50,000 which was supposed to be used to finance development activities in their constituencies.

Mabhiza said her Ministry was continuing its audit of all the 210 constituencies adding various irregularities had been discovered in some of the 95 so far covered.

“The auditors are in Mashonaland East at the moment where we hope to cover 22 constituencies by next week,” she said.

“Our projection is to finish by year end that is if Treasury continues giving us our budgetary allocations.

“We continue to receive a lot of complaints and tip-offs from people from various constituencies and this is a cause for concern.”

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