News / National
Zimbabwe Energy Minister finally out on bail
05 Apr 2011 at 06:29hrs | Views
ENERGY and Power Development Minister Elton Steers Mangoma was yesterday released from remand prison after the High Court threw out the State's application for leave to appeal against granting him bail.
Mangoma is being charged with criminal abuse of office involving US$6 million in a fuel procurement deal.
His trial opened on Monday last week at the High Court and he is denying the charge.
The State had requested the court to bar the minister – who faces another charge of flouting tender procedures – from setting foot at his workplace until finalisation of the case.
Chief Law Officer Mr Tawanda Zvekare argued that the minister, who was granted US$5 000 bail by Justice Yunus Omerjee last week, was likely to influence witnesses.
However, Justice Joseph Musakwa turned the application down saying there was no proof to back up the contention.
He said the application had two formal defects.
"Please take notice that the applicant (State) applies for leave to appeal against the bail condition which required the respondent to be barred from reporting to his workplace until the matter is finalized," the Judge said.
"There is no doubt that this is not what the applicant is seeking to appeal against as no such condition was imposed.
"There was no attempt to amend this anomaly."
The judge said the second defect was in the draft notice of appeal, which was titled "In the High Court of Zimbabwe" whereas an appeal against a decision of the High Court goes to the Supreme Court.
The judge noted that Mr Zvakare had submitted to court that investigations were complete and witnesses' statements had been recorded.
Justice Musakwa said the minister's lawyers contended that the application was based on speculation and "bald" assertions.
The State has said it will appeal against the decision in the Supreme Court.
Mtetwa and Nyambirai Legal Practitioners are representing Mangoma.
A smiling Mangoma waved to the media and was quickly whisked away in a Mercedes Benz.
He is charged with authorising the purchase of five million litres of diesel from a South African company for US$6 million without going to tender.
The other charge of criminal abuse of duty as a public officer arose after he allegedly cancelled a tender for the supply and delivery to the Zimbabwe Electricity Transmission and Distribution Company of a pre-payment revenue management system, metres and associated equipment.
The State alleges that his actions prejudiced nine companies that had participated in the tender process.
Mangoma is being charged with criminal abuse of office involving US$6 million in a fuel procurement deal.
His trial opened on Monday last week at the High Court and he is denying the charge.
The State had requested the court to bar the minister – who faces another charge of flouting tender procedures – from setting foot at his workplace until finalisation of the case.
Chief Law Officer Mr Tawanda Zvekare argued that the minister, who was granted US$5 000 bail by Justice Yunus Omerjee last week, was likely to influence witnesses.
However, Justice Joseph Musakwa turned the application down saying there was no proof to back up the contention.
He said the application had two formal defects.
"Please take notice that the applicant (State) applies for leave to appeal against the bail condition which required the respondent to be barred from reporting to his workplace until the matter is finalized," the Judge said.
"There is no doubt that this is not what the applicant is seeking to appeal against as no such condition was imposed.
"There was no attempt to amend this anomaly."
The judge said the second defect was in the draft notice of appeal, which was titled "In the High Court of Zimbabwe" whereas an appeal against a decision of the High Court goes to the Supreme Court.
The judge noted that Mr Zvakare had submitted to court that investigations were complete and witnesses' statements had been recorded.
Justice Musakwa said the minister's lawyers contended that the application was based on speculation and "bald" assertions.
The State has said it will appeal against the decision in the Supreme Court.
Mtetwa and Nyambirai Legal Practitioners are representing Mangoma.
A smiling Mangoma waved to the media and was quickly whisked away in a Mercedes Benz.
He is charged with authorising the purchase of five million litres of diesel from a South African company for US$6 million without going to tender.
The other charge of criminal abuse of duty as a public officer arose after he allegedly cancelled a tender for the supply and delivery to the Zimbabwe Electricity Transmission and Distribution Company of a pre-payment revenue management system, metres and associated equipment.
The State alleges that his actions prejudiced nine companies that had participated in the tender process.
Source - Byo24News
