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Zvikomborero Parafini
BUSINESSMEN Mike Chimombe and Moses Mpofu received a part payment of US$260 000 in their latest fraud case involving City of Harare officials.
The two businessmen have instructed their lawyers to seek the recusal of magistrate Marewanazvo Gofa from presiding over their latest fraud case.
Tapson Dzvetero, on behalf of Mpofu, told the court that he was instructed to try and ensure the case could be heard by another court because magistrate Gofa dismissed their bail application on their initial case.
Seeking to clarify the matter, Arshiel Mugiya suggested that it was an administrative issue that could be dealt with in magistrate Gofa’s chambers.
Faced with the circumstances, magistrate Gofa said she was obliged to make a ruling on the case because the application had already been made and ordered the lawyers to submit their full application in writing so that a determination can be made.
In their latest brush with the law, the court heard that the two, through their company Juluka Projects and Plant Hire, placed a bid among other companies for rehabilitation of street lighting in Harare ahead of the SADC summit.
The invitation to tender document by the City of Harare stipulated that all the prospective bidders must have among other requirements, stamped audited financial statements for the last two years.
They also needed to have proof of payment for special procurement oversight committee (SPOC) administration fee, specific experience of work history with the City of Harare in relation to a similar project, NSSA Certificate of Compliance, ZIMRA Compliance Certificate, among other things.
On April 19, the City of Harare Evaluation Committee awarded Syvern Investments, Exodus and Company, Ship Tracks and Onel Engineering the tender to rehabilitate eight of the ten lots.
No company was awarded more than two lots.
This meant two of the ten lots were left unawarded.
Juluka ENDD Joint Venture was disqualified after failing to meet the tender requirements.
Among other reasons for their disqualification was that their audited statements did not have an audit opinion which was a prerequisite for all the bidders.
However, the City of Harare went on to invite Juluka ENDD Joint Venture to submit a fresh bid and the duo responded by submitting a bid document containing some false statements.
It is the State’s case that the duo claimed in their papers that they had the specific required experience related to street lighting and lied that they had installed light bulbs in the CBD.
It is alleged that the two misrepresented that they were compliant with the requirements.
The State claims that they also submitted a bid security obtained on March 26 this year which they had also earlier used in the previous unsuccessful tender.
They claimed the audit documents were done by a consultancy company, a firm which investigations revealed was unregistered.
Juluka ENDD Joint Venture was awarded the contract for the two lots.
Mpofu allegedly signed as managing director of the company and Chimombe signed as a witness which culminated in them receiving a part payment of US$260 000.
Anesu Chirenje appeared for the State.
Online Reporter