Mangoma to remain in custody

State tender procedures, was yesterday granted bail, but will remain in custody for the next seven days after the State invoked Section 121 of the Criminal Procedure and Evidence Act.
The section allows the State to hold suspects while it considers appealing.
The prosecution had earlier consented to bail on condition that Mangoma does not work as Energy Minister until his case is finalised because he may interfere with State witnesses.
Chief law officer Mr Tawanda Zvekare said the State was amenable to Mangoma being granted bail on condition that he also surrenders title deeds to his Mabelreign home.
“It is intimidating to witnesses to interact with accused while testifying against him in court,” he submitted.
Government, he said, could appoint an Acting Minister in his absence.
Mangoma’s lawyer Mr Selby Hwacha submitted before Justice Yunus Omerjee that they could not agree to this condition because he had ministerial duties to conduct.
Justice Omerjee said it was not in dispute that the applicant (Mangoma) was aware of the charges as early as February, but he did not interfere with witnesses.
“There have not been complaints of interference . . . There is no basis or merit on the likelihood of interference,” he said.
Mr Zvekare then invoked Section 121 of the Criminal Procedure and Evidence Act.
When the State and defence failed to agree, Justice Omerjee briefly adjourned proceedings to allow consultations between the two sides.
When the court reconvened, Mr Hwacha said they had agreed that the minister be barred from reporting to work so he could get bail.
Justice Omerjee said he had made his ruling and his hands were tied since the State had invoked the section.
He advised the counsels to approach the registrar.
After the court session, Mr Zvekare said he would appeal.
Mangoma is facing charges of criminal abuse of duty as a public officer after allegedly cancelling a tender for the supply and delivery to the Zimbabwe Electricity Transmission and Distribution Company of a pre-payment revenue management system, meters and associated equipment.
The State alleges that his actions prejudiced nine companies that had participated in the tender process.
Meanwhile, Mangoma’s trial on allegations of authorising the purchase of five million litres of diesel from a South African company without going to tender did not resume yesterday because he was not brought to court.
Chief law officer Mr Chris Mutangadura said he was told that the Zimbabwe Prison Service was facing fuel problems hence Mangoma was not brought to court.
“I had suggested that transport be provided but I was advised that accused (Mangoma) cannot be brought using one vehicle so for that reason I am constrained to make an application to postpone the matter to tomorrow (today),” he submitted.
Mangoma’s lawyer Ms Beatrice Mtetwa said it was ironic that the Minister was charged for an offence in which he was procuring fuel, but he could not be brought to court because of its shortage.
Justice Chinembiri Bhunu deferred the trial to today.