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Nyore Madzianike Senior Court Reporter
SUSPENDED Gweru acting Town Clerk Vakayi Douglas Chikwekwe has written to council seeking clarity on the reasons for his suspension, saying he was served with two letters with contradicting positions regarding his alleged flouting of tender procedures.
Chikwekwe claims that he was simply relaying the news of the award of the tenders already made by the city council.
Chikwekwe is accused of criminal abuse of duty as a public officer or alternatively violating Public Procurement and Disposal of Public Assets Act General (Regulation) SI5 of 2018.
He allegedly violated the tender procedures for servicing of Mkoba 21 and Randolph Phase 1 by Sheasham, Cacas and Wackdrive.
In a letter from his lawyers addressed to Gweru Mayor Councillor Hamutendi Kombayi, Chikwekwe said reasons proffered in his suspension letter were different from those advanced by the council in its Special Council Minutes of February 22, 2023.
“Our client has taken note of his suspension from duty without pay in terms of the provisions of Section 139 of the Urban Councils Act. He, however, has been taken aback by a clear copy and paste job with regards to the reasons for the suspension.
“With respect, the first letter related to 14 October 2019 clearly shows that there has been a brazen regurgitation of the reasons used in the suspension of our client’s predecessor, Ms Elizabeth Gwatipedza.
“Our client has been perplexed by the material contradictions of the reasons proffered in your letter of his suspension and those proffered by the Council in its special council meeting minutes dated 22 February 2023.
“In the circumstances, our client seeks clarity as to the actual reasons for his suspension,” said Chikwekwe’s lawyers.
Chikwekwe said it was not clear whether the council implemented its resolution or not and also raised concerns over how the special council meeting was conducted, saying there was nothing in relation to the appointment of a purported special committee of inquiry.
Chikwekwe called for the disbandment of the special committee of inquiry, which he purports was illegally set up.
He said he was a mere council official who does not make decisions.
Chikwekwe said memorandums of agreements for land development for some areas were co-signed by the former Mayor of City of Gweru in August 2020.
“Careful consideration of the documents relating to the alleged tender procedures clearly exposes his arrest and suspension as an abuse of the criminal justice system by political players for political expediency,” he said.
Chikwekwe said the signing of the agreements was backed by a valid council resolution passed on July 24, 2020.
“Thus, the million-dollar question is, who should be answerable for the award of the tender in circumstances where there is a council resolution which empowers the signatories to proceed with the signing of the agreements?
“In the circumstances, where it is alleged that there was alleged unlawfulness in the process of awarding the tender to Cacas, Wackdrive and Sheasham, the million-dollar question is what about Clr J. Makombe, who signed the agreements as well?”
Chikwekwe claims that councillors J. Makombe, M. J. Manyundwa, J Zidzai, C. Chikozho and E. M. Kuregbaseka contributed to making the decision to award the said tenders.
He said the councillors are part of the committee he claimed was illegally set up.
“Our client asserts that there are other members in your council who are abusing their powers to protect themselves and have embarked on a frolic of their own to protect their own skins in circumstances where they are the only ones who can explain their own decisions and not drag an innocent soul like him into issues that do not relate to him at all,” Chikwekwe’s lawyers said.
Chikwekwe also denied announcing successful bidders, saying this was done by Engineer Robson Manatsa in his absence.
He also claims that the pre-contract agreement meeting was held on July 9, 2022 in his absence.
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