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WE are concerned that the Bulawayo city council risks going down the path of many urban councils whose reputations have been sullied by allegations of corruption and underhand dealings.
Reports of acts of malfeasance abound in most towns and cities in the country with the government having moved in to restore sanity in Gweru and Harare where senior officials have been suspended following numerous allegations of maladministration, corruption and incompetence.
We pray that the same does not visit Bulawayo which has an impeccable record of clean administration and is touted as one of the best run councils in the country. Of late, the BCC has been plagued by allegations of tender irregularities with pressure group — the Affirmative Action Group —leading the charge in pushing for an investigation into the award of lucrative tenders.
The AAG has made disturbing allegations against Deputy Mayor Gift Banda whom it accuses of soliciting for a $22,000 bribe in 2013 to swing a tender in favour of a Bulawayo construction company. The lobby group has also written a letter to President Robert Mugabe, detailing the “acts of misconduct, mismanagement and corruption perpetrated by officials of the City of Bulawayo executive and council”.
The pressure group has since threatened to effect a citizen’s arrest on some Bulawayo City Council directors it recently accused of corruption. On Monday, the AAG took its case to the High Court where it filed an application to compel Local Government, Public Works and National Housing Minister Saviour Kasukuwere to suspend Banda pending a public inquiry into alleged tender irregularities at the council.
Through its lawyer, Dumisani Dube of Mathonsi and Ncube Law Chambers, the group is seeking a declaratory order from the Bulawayo High Court directing Kasukuwere to exercise his discretion in terms of Section 114 of the Urban Councils Act. In court papers, the AAG cited Kasukuwere as well as the Minister of State for Bulawayo Provincial Affairs, Nomthandazo Eunice Moyo, President Mugabe and Banda as respondents.
According to the draft order sought, if 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 am 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 (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 BCC 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.
“More so, 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 am 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.
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. It 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.
These are grave and serious allegations which have the potential to damage the image of the BCC and we urge the leadership of the local authority, particularly, the Mayor Councillor Martin Moyo, to explain to ratepayers and the generality of the residents of Bulawayo, what exactly is going on. Such allegations have a negative impact on investment in the city and residents need to be assured that councillors and officials are running the city in an open and transparent manner.
Bongani Ndlovu