Source: The Herald – Breaking news.
Fidelis Munyoro
Chief Court Reporter
Juluka Enndo Joint Venture directors Moses Mpofu and Mike Chimombe had a bad day in court yesterday after the High Court declined to hear their bail application over fraud charges involving a US$9,2 million deal emanating from the City of Harare street lights tender.
The two circumvented the magistrates court and applied for bail at High Court, but Justice Benjamin Chikowero removed the matter from the roll and ordered that it be first dealt with by the magistrates’ court. The High Court would then be a court of appeal.
The two are accused of submitting falsified documents while bidding for a Harare City Council tender to rehabilitate street lights.
Two weeks ago, Chimombe lost a court bid challenging placement on remand at the magistrates’ court.
Harare regional magistrate Mr Stanford Mambanje threw out the application on the basis that the prosecution presented justifiable facts to place him on remand.
“The court does not doubt that the State has revealed everything necessary and it has shown how the crime was committed,” said Mr Mambanje. “All the requisites of a remand have been satisfied. There are enough facts for Chimombe to be placed on remand.”
The corruption-related botched street lights tender deal worth over US$9 million sucked in city town clerk Hosiah Chisango, and principal contracts administrator in the procurement management unit Artkins Mandaza.
Chisango and Mandaza are accused of criminal abuse of duty after they allegedly connived with four other council officials to illegally award a street lights tender to Juluka Enndo Joint Venture.
Meanwhile the High Court is today expected to deliver ruling in the case in which Chimombe and Mpofu are appealing for bail on their first fraud case for allegedly misappropriating US$7 million from the Presidential Goat Scheme.
This time the High Corut has heard an appeal from a decision by the Magistrates Court not to grant bail.
For this case, the two will stand trial on October 1 at the Harare High Court. The State has since served the defence team with the relevant paperwork to prepare for the trial.
Allegations are that Mpofu and Chimombe forged documents to secure the tender to supply 600,000 goats under the Presidential Goat Scheme.
It is alleged that Blackdeck Pvt Ltd, the company linked to the accused, which they allegedly used to defraud the Government, did not have a valid tax clearance.
The reference on the NSSA compliance certificate was issued to a different company, according to the prosecution.
Further allegations are that Blackdeck Pvt Ltd was de-registered from the NSSA system in January 2016.
The court heard that acting on the misrepresentation, on 16 November 2021, the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development entered into an agreement with Blackdeck for the supply of 632 001 goats valued at US$87,7 million.
Between April and June 2022, the ministry transferred Z$1.6 billion, which was equivalent to US$7,712 197 into the company’s bank account.
Consequently, their contract was cancelled on 29 August 2022 after Chimombe and Mpofu only supplied 4 208 goats valued at US$331 445. They went on to convert US$7 380 751 to their personal use.
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