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Yeukai Karengezeka
Court Correspondent
Harare regional magistrate Mr Stanford Mambanje yesterday deferred to tomorrow, the bail ruling for businessmen Mike Chimombe and Moses Mpofu who allegedly used false documents to win a US$9,2 million tender to install street lights in Harare.
Mr Mambanje said the ruling was not yet ready. Mpofu, the managing director and majority shareholder for Juluka Projects and Plant Hire (Pvt) Ltd, and Chimombe, a company representative, made a fresh application for bail last week.
The two businessmen first appeared in court on June 25, 2024 and have been in remand prison since then because their bail applications have been unsuccessful.
In the lastest application, the duo argued that they were good candidates for bail and that there were no compelling reasons advanced by the State to justify their continued remand in custody.
Chimombe argued that he was not in any way affiliated with Juluka Projects and Plant Hire (Pvt) Ltd as he was not an employee, director or shareholder.
He averred the City of Harare only made a payment of US$206 146 for services Mpofu’s company rendered. Chimombe further contended that he did not personally receive the money in question.
“Contrary to the State’s allegations, the sum of US$206 146,13 is the only amount paid by the City of Harare. The amount was not an advance payment.
“The payment was an invoiced amount because Mpofu’s company had already done work so there is no prejudice suffered by the State,” read part of the application.
Mpofu’s lawyer Mr Arshiel Mugiya argued that his client was only a director of the company that won the tender and should not be charged in his personal capacity.
“First applicant is not the direct contact person who does tenders on behalf of Juluka Projects (Pvt) Ltd.
The company has its own specific personnel and has a procurement department and workers who do tenders on behalf of Juluka Projects (Pvt) Limited. Mpofu is not part of that personnel. He is just a director,” said Mr Mugiya.
Mpofu denied submitting a bid document which contained false statements. Mr Tapson Dzvetero is representing Chimombe.
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