‘Zesa’s hands were tied’

Fungai Lupande Court Reporter
State entities sometimes comply with unlawful directives from ministers, ZESA Holdings secretary and legal advisor Judith Tsama told a magistrate’s court yesterday .

Tsama said this while testifying in the trial of former Energy and Power Development Minister Elton Steers Mangoma who is facing charges of criminal abuse of duty as a public officer after he allegedly hand-picked OK Zimbabwe as the third party pre-paid electricity vendor.

“I was advised by the managing director Mr Julian Chinembiri that we were appointing OK as third party vendors,” said Ms Tsama.

“I allowed them to go ahead with it although I knew it was unlawful. There was nothing I could do since it was a directive from the minister who doubled as a shareholder.

“At State entities, people have no choice, but to comply with unlawful directives.”

Tsama said she later applied for condonation at State Procurement Board and ZESA Holdings was fined $900 for not following tender procedures.

Tsama added that she did not attend most of the meetings and learnt of the tender developments from third parties.

However, Mr Hoseah Mujaya fined Tsama $15 for contempt of court. She failed to attend and testify last Tuesday.

OK Zimbabwe IT projects manager Mr Willy Mapundu said his employer was invited by ZESA Holdings to spell out its capabilities in handling the pilot project.

“ZESA Holdings made it clear that they were not appointing us even if we passed the pilot project,” he said.

“They said there were a lot of potential aggregators and we were to apply just like any other company. The then minister Mangoma was never mentioned and we never had meetings with him.”