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Mashudu Netsianda Senior Court Reporter
THE Affirmative Action Group (AAG) yesterday filed a court application to compel Local Government, Public Works and National Housing Minister Saviour Kasukuwere to suspend Bulawayo deputy mayor Gift Banda pending a public inquiry into alleged tender irregularities at the municipality.
The AAG, through its lawyer, Dumisani Dube of Mathonsi and Ncube Law Chambers, is seeking a declaratory order from the Bulawayo High Court directing Minister Kasukuwere to exercise his discretion in terms of Section 114 of the Urban Councils Act.
In court papers, AAG cited Minister Kasukuwere as well as the Minister of State for Bulawayo Provincial Affairs, Nomthandazo Eunice Moyo, President Robert Mugabe and Banda as respondents.
According to the draft order sought, if Minister Kasukuwere fails to suspend Banda and set up a commission of inquiry within five days of the granting of the order, the AAG wants the President and Minister Moyo to be ordered to exercise their powers in terms of the law.
In his founding affidavit, Silani Mtshiya, the AAG’s principal officer accused Banda of having corruptly allocated council land to develop town houses without going through the required tender process.
He argued that Banda’s actions were in violation of corporate governance and ethics of public officials.
“I’m advised that according to Section 194 of the Constitution of Zimbabwe basic values and principles governing public administration that is section (1) (a), (b), (c), (d) and (e) of all tiers of government including Bulawayo City Council (BCC) are duty bound to foster efficiency, transparency, fairness and equality. It is clear that the first respondent’s (Minister Kasukuwere) subordinates have contravened the Prevention of Corruption Act, section 120 (8) of the Urban Councils Act and section 194 (1) of the country’s constitution,” said Mtshiya.
He further alleged that $8,749,914 worth of BCC tenders were tainted by serious irregularities due to massive corruption, nepotism, negligence through collusion of Bulawayo City Council officials.
“For example, a tender for rehabilitation of filter beds and clarifiers to Tzicalle Brothers had been officially awarded to Consolidated Engineers and Merchants (CEM), at a cost of $4,5 million. The previous contractor, that is CEM was paid the money but did no work, only for the same tender to be awarded to Tzicalle Brothers at a cost of $2,5 million. The net effect of this corruption and negligence is that in the last five years Bulawayo water has remained brownish and not safe for consumption,” he added.
The AAG’s principal officer said a council confidential report also contained gross irregularities, abuse of office and maladministration in the awarding of residential stands.
“Moreso, from the perusal of the council confidential report, there has been gross irregularities, abuse of office and maladministration in the awarding of over 700 high density stands in Pumula South phase three, 391 Emhlangeni stands, 303 Mahatshula North stands. I’m advised that this further militates against our members’ constitutional rights to shelter as provided for in Section 28 of the Constitution of Zimbabwe,” he added.
He further argued that by failing to stop the corruption, councillors grossly failed in their expected duty to represent residents of Bulawayo.
The AAG said it was irked by reports that contracts with a combined value of about $8,7 million were re-tendered or extended after winning companies either disappeared or failed to complete projects. AAG further alleged that defaulting companies were working in cahoots with senior council officials who played both tender adjudication and supervisory roles, creating fertile ground for manipulation in the bidding process.
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