Mangoma trial: Expired list given

Power Development Minister Elton Mangoma expired in Dece-mber 2009, the High Court heard yesterday.
Mangoma is being charged with criminal abuse of duty after authorising the purchase of 5 million litres of diesel from NOOA Petroleum of South Africa without going to tender.
Defence lawyer Mrs Beatrice Mtetwa of Mtetwa and Nyambirai said the State was relying on a list that was only valid from January 2009 to December 2009 for an offence allegedly committed this year.
During cross-examination on the new document, Energy and Power Development Secretary, Mr Justin Mupamhanga, said he was not in possession of any document extending the validity of the list to 2011.
Mr Mupamhanga did not controvert the alle-ged expiry of the documents adding that the State Procurement Board was the one qualified to comment on the validity of the document.
Ms Mtetwa, in a new defence outline, said the law makes it an obligation to have any list of suppliers gazetted and that the new list appeared not to be a gazetted one.
“The law says any list by the State procurement board shall be gazetted. It makes it an obligation for the list to be published in the Government Gazette. In the absence of the compulsory and mandatory publication in the Gazette, none of the listed companies in the new schedule can lawfully be termed ‘approved’.
“Even if the new list had been gazetted, it is clear that its validity would be up to December 31 2009. No supplementary state summary has been filed and no evidence was led showing that the list was gazetted and validity was extended to January 2011.
“The accused does not know the relevance of the new list and contends that it has been brought up to obfuscate the paucity of relevant evidence in support of the allegations against him,” read part of the new defence outline.
Mr Mupamhanga made a concession during cross-examination that the decision to purchase the fuel from NOOA was a ministry decision and not the decision of an individual.
He further confirmed that that was done as a mitigatory measure to alleviate the diesel crisis.
Asked why Mangoma was being charged alone in the matter, Mr Mupamhanga said, “I do not know.”
Chief law officer Mr Chris Mutangadura, called the director of Petroleum in the Ministry of Energy and Power Development, Mr Morgan Mudzinganyama to testify as a second witness.
Mr Mudzinganyama told the court that at one point, he opposed the idea of purchasing fuel from NOOA, but Mangoma went ahead and authorised the deal.
The court heard that Petrotrade Private Limited executive also did not approve of the deal citing the price and logistics problems, but Mangoma did not take the opinion. Mr Mudzinganyama said he was the one who drafted the letter authorising the deal on the instructions of the minister, adding that it was part of his duties.
The trial continues today with Ms Mtetwa cross-examining Mr Mudzinganyama.