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A HARARE REGIONAL magistrate has trashed businessman Mike Chimombe’s attempt to distance himself from the US$9 million Harare streetlights repair tender scandal by saying that his signature on the documents makes him criminally liable.
Chimombe, who is jointly being charged with Moses Mpofu on a charge of corruptly using false documents to win the tender, had challenged his placement on remand. He argued that he was not connected to the company at the centre of the allegations, Juluka Ennd Joint Venture, and he was not a director at the firm.
In his ruling recently, regional magistrate Stanford Mambanje said the State had managed to show reasonable cause to place Chimombe on remand. The court said the State papers allege that Chimombe signed as a witness to the alleged fraudulent tender documents, which was not challenged by his lawyers, who centred on his non-involvement in the company.
“The signing culminated in them being given a contract and a part payment, generally, a witness cannot be blamed unless he or she knowingly conceals important information or facts. The court has no doubt that the State has revealed everything necessary and it has shown how the crime was committed. All the requisite of a remand have been satisfied there are enough facts for Chimombe to be placed on remand to August 22 for routine remand.”
Chimombe was jointly accused with Mpofu, who allegedly submitted forged documents through Juluka Ennd Joint Venture, when he made his bid for the City of Harare tender.
In the application, Chimombe’s lawyer, Ashiel Mugiya, had argued that Chimombe was not linked to Mpofu’s company. However, the State alleged that Mpofu and Chimombe submitted in a bid document for Juluka Enndo, that the company had the specific required experience in street lighting by falsely submitting that they had undertaken installations in central Harare.
They also falsely submitted that they had installed Christmas lights for the City of Harare. Mpofu and Chimombe further misrepresented that they were compliant with the requirements of the regulations for public procurement and disposal, which required the payment of the Special Procurement Oversight Committee fee of US$400 by submitting in their bid document a SPOC receipt they had used in their earlier bid, which had been disqualified.
They also submitted a bid security obtained on 26 March 2024, which they had also earlier used in the previous unsuccessful tender. The two submitted audit documents, which they claimed were done by a consultancy company, which investigations revealed was unregistered.
As a result, Juluka Enndo was awarded the contract for the two lots of street lighting, which both Mpofu and Chimombe signed for, culminating in them receiving a part payment of US$260 000. (H Metro)
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