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Fungai Lupande Court Reporter
Harare magistrate Mr Vakayi Chikwekwe yesterday blasted the prosecution for ordering the opening of records for Zimbabwe National Road Administration (Zinara) bosses Moses Juma and Davison Norupiri — who are being charged with criminal abuse of office — in their absence.
Mr Chikwekwe said the opening of records before accused persons were at court was becoming a habit at the Magistrates Court.
“The two records were opened at 0930hrs with the clerk of court. This is now close of business at 1550hrs and the accused are not here,” said Mr Chikwekwe.
“The State and Zimbabwe Prisons and Correctional Services (ZPCS) cannot account for the accused and it is clear the record was opened at State’s instruction after giving their reference number.
“This system is gradually growing into a habit whereby records are opened without securing the presence of the accused and State should desist from that habit.”
Mr Chikwekwe then considered the two records as not taken.
The prosecutor, Mr Sebastian Mutizirwa apologised saying the investigating officer in the matter had indicated that the pair was at the National Prosecuting Authority offices.
Juma allegedly committed the offence between December 2014 and June 2015 when he was accounting officer and acting chief executive of Zinara.
Allegations are that Juma authorised and approved various payments to Central Source Management Consultants (Pvt) Ltd, trading as Tax Management System (TMS).
The payments were allegedly for tax management and tax healthy checks done on behalf of Zinara without a binding contract between the parties.
The transactions allegedly raised suspicion in December 2014 and Juma created a fictitious contract in retrospect to regularise the engagement of TMS.
It is alleged that Norupiri, as Zinara’s non-executive board member, showed bias by awarding a contract to TMS.
The court heard Norupiri singlehandedly picked three companies, including TMS, to present proposals for tax management consultancy which had accrued to $43 million.
The court heard that procedurally, the procurement of service providers should be done by a procurement committee.
Furthermore, the amount involved required procurement of the services to be done through a tender process.
Norupiri allegedly influenced the appointment of TMS and later ordered Zinara to pay in full the money which TMS demanded, without verification.
Juma and Norupiri prejudiced Zinara of $1 274 575, 76.
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