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Senior Court Reporter
THE State has conceded that it has failed to prove a case against former National Social Security Authority (NSSA) former director contribution and collections, Barnabas Matongera, on corruption related charges where he is jointly charged with former Cabinet minister Prisca Mupfumira.
Matongera and Mupfumira are alleged to have pushed for the signing of an agreement between NSSA and Drawcard Investments for the construction of low income houses in Gweru without following due tender processes.
Prosecutors Mr Whisper Mabhaudhi and Mr Loveit Masuku, exonerated Matongera from the offence while responding to their application for discharge at the close of the State case.
Matongera and Mupfumira had applied for discharge at the close of the State case, saying the State had failed to prove a case against them.
“It is not in dispute that the 2nd accused (Matongera) was the acting NSSA manager for a single day which happened to be the day the Muzenya Agreement was signed by the parties,” said the State.
“His criminal liability was only attributed to the signature he appended to the agreement. The position within NSSA was that, acting as the Authority’s general manager did not come with executive powers.
“The substantive manager always retained the executive powers. At the material time, Elizabeth Chitiga was the substantive manager who remained accountable despite her temporal absence on that particular day. For these reasons, it is conceded that the State failed to prove a prima facie case against Barnabas Matongera.”
Although Mr Mabhaudhi and Mr Masuku acknowledged in their response that evidence from their witnesses was marred with inconsistencies, they said they had managed to establish a case against Mupfumira, which warrants her to be put to her defence. The State claimed that the inconsistencies in the witness’s testimonies were result of “forgetfulness due to lapse of time” and “lapse of concentration” while testifying.
“It is the State’s submission that the vital date in respect of the allegations against 1st accused (Mupfumira) is when she is alleged to have given the 48-hour ultimatum to NSSA management to conclude an agreement with Metbank through DrawCard Enterprises (Private) Limited for the Muzenya Project.
“The witness (Kurauone Francis Chihota) clearly gave a narration of what transpired at the meeting leading to the ultimatum by the 1st accused. What transpired at the meeting was not the norm with regards to investment projects undertaken by NSSA.
“Any proposed projects were supposed to be considered by the management investment committee, then referred to the board investment committee and finally to the main board,” said the State.
The State said Mupfumira, as a Cabinet minister, was supposed to give broad and strategic directives to NSSA through the board.
“In the present circumstances she was chairing a meeting consisting of board members, management team and a potential investment partner (Metbank),” said the State.
Responding to Mupfumira’s assertions that the charge was a fabrication by her political enemies for supporting President Mnangagwa at the time he was Vice President, the State said: “Any lack of detail on the part of the witness is naturally explained by forgetfulness due to lapse of time. His evidence was credible and worth believing. Such detail could not have been a figment of fertile imagination on his part.”
The State also said the testimony of Assurance and Forensic Audit Manager at BDO Zimbabwe Chartered Accountants, Eliot Shadaya, corroborated that of Kurauone.
“During the audit exercise, the witness noted that the Muzenya Gweru Project had been undertaken without the NSSA board approval,” said the State.
The State said the finance and administration director in the Ministry of Public Service, Labour and Social Welfare, Memory Mukondomi, emphasised that she had no option but to chase up the issue of the conclusion of the agreement because Mupfumira “was always breathing behind her neck” demanding to be appraised on the progress of the agreement.
“Her main contention was that her interest did not mean that NSSA management was not supposed to follow procedures in getting approval from the board and the Procurement Regulatory Authority of Zimbabwe,” said the State. The State said Mupfumira’s expressions of Mukondomi’s shortcomings as a board member in the Ministry of Public Service did not absolve her from the offence.
The State said Mukondomi’s testimony that Mupfumira was not the one who gave the 48-hour ultimatum, but that it was the then board chairman Mr Robin Vela, was as a result of fatigue since the witness had been on the witness stand for too long.
“The sudden change on this point was not consistent with the rest of her evidence which remained intact and corroborative of Chihota’s testimony,” said the State.
In commenting about the Deputy Chief Secretary and the accounting officer responsible for Administration, Finance and Human Resources in the Office of the President and Cabinet, Dr Martin Rushwaya’s evidence, the State acknowledged that he knew nothing about the Muzenya Project.
The State said his evidence was procedural.
Bongani Ndlovu
Online Reporter