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Mashudu Netsianda, Senior Court Reporter
THE trial of Tsholotsho Rural District Council acting chief executive officer, Nkululeko Sibanda, who is facing fraud charges involving more than US$4,1 million has been set for November 11 before a Bulawayo regional magistrate.
Sibanda (51) of Efusini Township in Tsholotsho allegedly prejudiced the local authority of US$4 179 900 through a botched hunting concession deal.
He allegedly offered hunting concessions to Matupula Hunters, a local safari company without Cabinet approval before depriving the local authority of US$4,1 million in potential revenue from community and wildlife projects.
Sibanda allegedly signed a memorandum of understanding (MoU) with Matupula Hunters, which had offered in its bid, to channel US$5 million towards community and wildlife projects.
However, using his powers as the council’s accounting officer, Sibanda allegedly reduced Matupula Hunters’ bidding offer to US$1 million.
Sibanda is set to appear before Bulawayo regional magistrate Mr Maphios Willard Moyo on charges of criminal abuse of duty as a public officer as defined in section 174 (1) of the Criminal Law (Codification and Reform) Act.
Initially, he appeared before Tsholotsho resident magistrate Mr Victor Mpofu and he was released on $400 bail.
As part of the bail conditions, Sibanda was ordered to report once every fortnight at Tsholotsho Police Station and to reside at his given address until the matter is finalised.
He was also ordered not to interfere with State witnesses.
According to court papers, sometime in March this year, Tsholotsho RDC flighted a tender under number TRDC/03/19 inviting potential bidders for its Tsholotsho North hunting concession.
“On April 12 at about 10AM, Tsholotsho RDC procurement management committee opened the tender box in the presence of four interested bidders who had responded to the advert,” read court papers.
Four days later, adjudication of the four bidders was conducted by the procurement management committee and Matupula Hunters, which had the highest bid, secured the hunting contract.
The bid for the hunting concession had attracted Matupula Hunters, Lodzi Hunters, Mapassa Big Game Hounds and Sitatunga Zimbabwe.
However, one of the aggrieved losing bidders, Lodzi Hunters took the matter to the Procurement Regulatory Authority of Zimbabwe (PRAZ) in line with section 73 of the Public Procurement and Disposal of Public Assets Act, challenging the tendering process, alleging gross irregularities.
An MoU was signed between Tsholotsho RDC and Matupula Hunters on June 5.
Sibanda, in his capacity as the accounting officer for Tsholotsho RDC, signed the contract on behalf of the council with reduced values in relation to Matupula Hunters bid tender.
“A bidding offer of US$1 000 600 per annum translating to US$5 003 000 for five years towards Tsholotsho RDC, local community and wildlife project was altered on the signed contract to US$1 000 600 for five years,” read court papers.
It was stated that on the money for Tsholotsho RDC vehicle and board fees, Matupula Hunters presented a bid offer of US$51 000 per annum with a total value of US$255 000 over a five-year term.
However, on the signed contract, Sibanda allegedly reduced it to one vehicle valued at US$40 000 per five-year contract.
“Two motor cycles valued at a total of US$95 000 for five years were reduced bringing the reduced amount for the bid offer to US$160 000 for the Tsholotsho RDC vehicle and board fees,” the court papers stated.
A report by PRAZ revealed that Sibanda commenced tender proceedings involving joint ventures without the authority of the Cabinet in violation of section the Public Procurement and Disposal of Public Assets Act.
The report stated that the full Tsholotsho North tender showed that Sibanda acted contrary to his duties.
In terms of the Public Procurement and Disposal of Public Assets Act, Sibanda was supposed to draft the contract quoting offered values, social and wildlife responsibility and other offers as submitted by the winning bidder on the submitted form of tender.
Sibanda’s decision caused a potential prejudice of US$4 179 900 to the Tsholotsho community and the State.—@mashnets
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