New twist to Mangoma’s case

yesterday said he was not competent to tell the court how procurement should have been done in the case.
Under cross-examination by defence lawyer Ms Beatrice Mtetwa, the director of Petroleum in Mangoma’s Ministry Mr Morgan Mudzi-nganyama said it was not the Ministry’s duty to procure fuel but they instruct the procuring authority Petro Trade to buy on its behalf.
Mangoma is being charged with criminal abuse of duty after authorising the purchase of five million litres of diesel from NOOA Petroleum of South Africa without going to tender.
Mr Mudzinganyama said the Minister was not the one who should have applied for a waiver to procure fuel without going to tender but Petro Trade.
Asked if he accepted that procurement without going to tender was not per se unlawful, he said, “It is not per se unlawful on condition that all procurement procedures are followed”.
Mr Mudzinganyama also conceded that Petro Trade was wrong for not seeking the waiver.
Asked why the Minister was in the dock instead of Petro Trade, Mr Mudzinganyama said he also wanted to be enlightened.
In his view, he said, the offence the Minister was facing was that he instructed Petro Trade to buy fuel without going to tender.
He, however, admitted that there was nothing wrong with the Minister’s actions if the Procurement Act had provisions that allow buying without going to tender.
Mrs Mtetwa submitted that there was no document that showed payment to NOOA Petroleum.
Mr Mudzinganyama conceded that if any waiver procedures were not followed it is Petro Trade’s fault and not the Minister’s because it was not his duty.
He said that he had no motive of fixing the Minister by drafting a letter on his behalf saying he had worked with five different Ministers.
“Civil servants are not there to lie but to advise,” he said.
Mr Mudzinganyama also acknowledged that there was a fuel crisis in January not only in Zimbabwe but the whole region.
Re-examining Mr Mudzinganyama, chief law officer Mr Chris Mutangadura asked him why they bought insufficient fuel.
Mr Mudzinganyama replied that they had no money in the strategic fund.
Justice Chinembiri Bhunu deferred the matter to Monday next week.