Zanu PF MP arrested for abusing CDF funds

By Lloyd Gumbo

MAGUNJE legislator Franco Ndambakuwa (Zanu-PF) was yesterday arrested on allegations of abusing the Constituency Development Fund. He reportedly failed to account for US$39 000 from the US$50 000 he received.

Anti-Corruption Commission officials confirmed the arrest and said the legislator was detained at Rhodesville Police Station. He is expected to appear in court tomorrow. Ndambakuwa becomes the second MP, after Marvelous Khumalo of St Marys (MDC-T), to be arrested in connection with the funds.

Only last year Nehanda Radio.com reported how Ndambakuwa was arrested on allegations of raping a 15-year-old girl amid indications that 10 more rape charges were likely to be preferred against him. The previous year the MP was  accused of impregnating a 17-year-old girl who went on to commit suicide.

The latest arrest comes amid reports that the State’s bid to prosecute legislators, who allegedly abused the Constituency Development Fund, has been dealt a major blow as it emerged that there is no legal provision dealing with the offence.

Acting secretary for Constitutional and Parliamentary Affairs Mrs Virginia Mabhiza yesterday said the State will now charge the culprits under the Criminal Law Codification and Reform Act, a weaker legal statute.

She was giving oral evidence before the Parliamentary Portfolio Committee on Justice, Legal Affairs, Constitutional and Parliamentary Affairs.

“CDF today is mainly governed by provisions to the Public Finance Management Act and if we look at the Act, MPs are not governed by that particular Act,” she said.

“In the unfortunate event that an Honourable MP is arrested, we have to revert to the Criminal Law Codification Act without even paying attention to what is provided for in the Public Finance Management Act.”

The Ministry, she said, was working on a draft to govern the management of the CDF. She said four out of 65 audited constituencies have failed to account for the money. The four are St Marys, Kariba, Hurungwe North and Magunje.

Mrs Mabhiza said they had handed over the cases to appropriate authorities for further investigations. She said inadequate resources had slowed the auditing. Her ministry has requested for 12 more auditors from other Government ministries to help.

Government, Mrs Mabhiza said, will also audit Copac for money provided by the State. She said this in response to allegations that Copac had become a cash cow for some MPs who are in the Select Committee. The committee alleged that the legislators were delaying completion of the Constitution because they wanted to make more money.

However, Copac national co-ordinator Mr Gift Marunda told the committee that the Select Committee was not deliberately delaying the conclusion of the Constitution. He said the process was politically driven, making bickering and delays inevitable.

Mrs Mabhiza said preparations for the Second All Stakeholders Conference had already started. She said the number of delegates had been downsized to 2 500 from 4 000 who attended the First All Stakeholders Conference.

She said preparations for the referendum will also be starting soon with Government pushing for a “Yes” vote. Mrs Mabhiza said her ministry had also committed itself to push for the introduction of Bills that form part of the legislative agenda for this session.