Online Reporter
H-Metro Reporter
THE US$9 million fraud case against City of Harare officials, including Town Clerk Hosiah Chisango, collapsed on Friday after the National Prosecuting Authority withdrew the charges.
Today, H-Metro reveals why the high-profile case collapsed.
It also appears it has created some sort of tension between the NPA and the Zimbabwe Anti-Corruption Commission.
Some ZACC officials, who spoke to H-Metro on conditions of anonymity, said they were not happy with the position which was taken by the NPA as they remain convinced that all the officials acted in common purpose.
On Friday, the NPA withdrew charges against Chisango, Never Murerwa, the supply chain manager, Denford Zhungu, the principal accountant, Tawanda Mutenhabundo, the engineering technician and Artkins Mandaza, the principal contracts administrator.
The charges against Jabulani Mukomazi, the principal buyer, were not withdrawn.
The allegations against the City of Harare officials arose from the tender which was awarded to Juluka Ennd Joint Venture (Pvt) Ltd, owned by Mike Chimombe and Moses Mpofu.
Chimombe and Mpofu are in remand prison over the issue.
Juluka had participated in the first tender but was disqualified.
The Tender Evaluation Committee, which was made up of the accused individuals, then recommended that the two unallocated lots should be re-tendered.
The withdrawal of the charges was made after an opinion was written by Provincial Public Prosecutor (Mashonaland West) Witness Mabhaudhi, who said he didn’t see anything wrong which all the other officials had done, except for Mukomazi.
The opinion was sent to ZACC investigations manager Mr Pfindi.
Mabhaudhi said it was Mukomazi’s responsibility to select the appropriate method of procurement in terms of the provisions of PPDPA Act.
“It is not in dispute that the recommended appropriate method in respect of lots 9 and 10 was public tender in terms of section 31 of the PPDPA Act.
“Section 31 was the natural choice in view of the amount involved which was way above the threshold that would make it necessary for public tender.
“It is common cause that there was no waiver by PRAZ to depart from the requirements of the law in this transaction,” read parts of the opinion.
Mabhaudhi said in his opinion that Mukomazi, as the employee of the City of Harare whose responsibility was to determine the method of procurement, was the one who committed the offence.
“What transpired after the wrong method had been adopted was an exercise in futility as an offence had already been committed.
“The abuse of duty took place on the election of the method of procurement and it is my opinion that the processes that took place after the adoption of the wrong method were a nullity.
“The signed agreement between the City of Harare and Juluka was a nullity at law and the principal buyer, who had the duty to proceed by way of section 31 of PPDPA Act but chose to proceed by way of Section 34, attracted the criminal liability,” he said.
Mabhaudhi absolved Chisango and said the tender was taken to him after all the processes had been done and after a decision to appoint Juluka had been settled.
“From the foregoing it is apparent that we know who committed the offence and there is no need for nitpicking in order to enlarge the group.
“It was the principal buyer who misrepresented that he had been authorised by PRAZ to do what he did and there is no evidence that he committed the offence in association with any other person.
“Prosecuting the present accused persons will be an exercise in futility, there’s no prima facie against the accused persons.
“Bright prospects of a conviction are there in respect of the principal buyer, that is how the State will proceed.”
Mathew Masinge