adminPostponing the trial of Edgar Mdongo (43), of 72313 Lobengula West and Dumisani Sibanda (42), of Block 4/145 Mpopoma to 10 and 11 April, Bulawayo provincial magistrate Mrs Vivian Ndlovu noted that they needed fair legal representation.
Apparently, the pair was initially erroneously remanded to 9 April, which is Easter Monday. Courts do not sit on holidays.
On Tuesday, Mr Mlamuli Ncube, of Cheda and Partners representing Sibanda said he had an engagement at the High Court where he had another trial. The High Court is given first preference to the lower courts.
Mr David Mhiribidi, of Chikanda and Partners representing Mdongo was said to have had a bereavement in the family and had travelled out of town.
Last month the trial failed to take off despite the fact that the State, represented by Mr Jeremiah Mutsindikwa, was ready to go to trial.
State witnesses, some of whom had travelled from as far as Harare, were once again warned to re-appear on the next remand date.
Mdongo and Sibanda have not been formally charged with fraud and forgery and are out of custody on $100 bail coupled with other conditions.
The Ministry of Health and Child Welfare employed Mdongo as the chief medical equipment technician and Sibanda as the stores officer and both are based at Mpilo Central Hospital.
Mdongo is a member of the Procurement Tender Committee and his duties include repairing all damaged hospital equipment, supervising all installations at the hospital and receiving medical equipment.
He also provides technical expertise to the Procurement Tender Committee on matters related to his department.
Sibanda is the chairperson of the Central Buying Unit (CBU) and his duties, among others, are to liaise with suppliers on the hospital’s needs and invite bids, head the CBU to compile tender documents, monitor the market and advise the Procurement Tender Committee accordingly and maintain records of the hospital purchases and issue out requisitions to successful bidders.
The State case is that in 2010, Mpilo Central Hospital invited companies and individuals to bid for the installation of a hood heat extractor fan in its main kitchen.
Six companies responded and participated in the tender.
On 19 May 2010, the Procurement Tender Committee deliberated on the tender and awarded it to a company called Award Industries Pvt Ltd based on its lowest quotation of R48 000.
The State alleges that Mdongo and Sibanda hatched a plan to defraud Mpilo and after the Procurement Tender Committee had adjudicated over the tender, Mdongo allegedly instructed Award Industries to visit the site and submit a second quotation.
On 26 May 2010 Award Industries allegedly submitted a second quotation of R248 000 with new and different conditions to the first one.
The State will seek to prove that the quotation was then fraudulently and without signatures of the Procurement Tender Committee filed in the tender documents.
Sibanda, who, on 31 August 2010 had raised a requisition based on R48 000 quotation, allegedly altered the requisition by inserting the figure 2 on R48 000 amount to read R248 000.
On 4 February last year R248 000 was paid to Award Industries.
A Ministry of Health and Child Welfare audit team carried out an audit and discovered that an extra R200 000 was paid to Award Industries based on a fraudulently filed quotation by Mdongo and Sibanda.
Online Reporter
Bongani Ndlovu