News / National
Ex-ZBC boss' application dismissed
29 Jul 2014 at 02:39hrs | Views
A Harare Magistrate has dismissed former ZBC Holdings boss, Happison Muchechetere's application for exception, arguing that the state broadcaster is a procurement authority.
Magistrate Aidonia Masawi, however, granted the accused person time to submit an application for referral to the Constitutional Court (ConCourt).
"Having studied all the submissions from both parties, l have come to the conclusion that section 35 resonates with the Procurement Act and is not ultra vires the new constitution," he said.
"The Act does give the minister power to create an offence and can enact regulations that create an offence. The court do hereby dismisses the exception."
Masawi set a tentative trial date to October 1, pending outcome of the ConCourt hearing,
"We hope, by then, the ConCourt would have given us direction to take (on the matter)," he said.
The former ZBC Holdings chief is facing charges of contravening the Procurement Act.
The accused's legal representative, Advocate Thabani Mpofu, had filed an application for exception to the charges, citing that the state case was frivolous and vexatious.
In his written submissions early this month, Mpofu questioned the validity of the Procurement Act in relation to the matter, as well as other constitutional issues that needed to be looked at.
"The accused person takes the point that the legislation under which he is charged is constitutionally invalid, and (therefore) no valid proceedings can depend thereon. The charge names an entity which does not exist by operation of law," said Mpofu.
He also filed an application for the matter to be referred to the Constitutional Court.
"I advise the court to refer this matter to the Constitutional Court for consideration in terms of validity of the provisions. The court has failed to deal with critical aspects of the matter," said Mpofu.
"The Act is vague, wide and so encompassing to be meaningless, it does not clearly state the offence the accused is being charged (with).
Muchechetere is facing charges of contravening the Procurement Act after he purchased an audio Outside Broadcasting (OB) van from a Chinese company on behalf of the state broadcaster.
According to the state, on 18 January 2013, Muchechetere, without going to tender, entered into a procurement deal with a Chinese company to purchase an audio outside broadcasting van (OB van) at a price of $1, 05 million.
In the agreement Muchechetere represented the state broadcaster as the accounting officer for the corporation.
The court further heard that the accused concluded the deal alone on June 28 2013, leading to the issuing of a commercial invoice by the supplier. The OB van was subsequently delivered by the Chinese company on August 8.
The offence was discovered after the suspension of the accused in November last year when preliminary ZBC Holdings investigations established that the accused had flouted company regulations.
In his initial court appearance, the ex-ZBC Holdings boss was charged with defrauding the state broadcaster of $800 000, before the charges were altered.
Magistrate Aidonia Masawi, however, granted the accused person time to submit an application for referral to the Constitutional Court (ConCourt).
"Having studied all the submissions from both parties, l have come to the conclusion that section 35 resonates with the Procurement Act and is not ultra vires the new constitution," he said.
"The Act does give the minister power to create an offence and can enact regulations that create an offence. The court do hereby dismisses the exception."
Masawi set a tentative trial date to October 1, pending outcome of the ConCourt hearing,
"We hope, by then, the ConCourt would have given us direction to take (on the matter)," he said.
The former ZBC Holdings chief is facing charges of contravening the Procurement Act.
The accused's legal representative, Advocate Thabani Mpofu, had filed an application for exception to the charges, citing that the state case was frivolous and vexatious.
In his written submissions early this month, Mpofu questioned the validity of the Procurement Act in relation to the matter, as well as other constitutional issues that needed to be looked at.
"The accused person takes the point that the legislation under which he is charged is constitutionally invalid, and (therefore) no valid proceedings can depend thereon. The charge names an entity which does not exist by operation of law," said Mpofu.
He also filed an application for the matter to be referred to the Constitutional Court.
"I advise the court to refer this matter to the Constitutional Court for consideration in terms of validity of the provisions. The court has failed to deal with critical aspects of the matter," said Mpofu.
"The Act is vague, wide and so encompassing to be meaningless, it does not clearly state the offence the accused is being charged (with).
Muchechetere is facing charges of contravening the Procurement Act after he purchased an audio Outside Broadcasting (OB) van from a Chinese company on behalf of the state broadcaster.
According to the state, on 18 January 2013, Muchechetere, without going to tender, entered into a procurement deal with a Chinese company to purchase an audio outside broadcasting van (OB van) at a price of $1, 05 million.
In the agreement Muchechetere represented the state broadcaster as the accounting officer for the corporation.
The court further heard that the accused concluded the deal alone on June 28 2013, leading to the issuing of a commercial invoice by the supplier. The OB van was subsequently delivered by the Chinese company on August 8.
The offence was discovered after the suspension of the accused in November last year when preliminary ZBC Holdings investigations established that the accused had flouted company regulations.
In his initial court appearance, the ex-ZBC Holdings boss was charged with defrauding the state broadcaster of $800 000, before the charges were altered.
Source - The Zim Mail
