News / National
High Court dismisses Mupfumira's appeal
13 Apr 2023 at 08:09hrs | Views
The High Court has dismissed an application for appeal by former Cabinet minister Prisca Mupfumira who was challenging the lower court's decision to dismiss her application for discharge at the close of the State's case.
The ex-minister is facing allegations of giving specific instructions to the management of the National Social Security Authority (NSSA) to enter into a housing project with a company called Drawcard Enterprises (Private) Limited (Drawcard).
Mupfumira's application for discharge was dismissed by Harare magistrate Mr Ngoni Nduna which did not go down well with her.
Irked by Mr Nduna's ruling, Mupfumira proceeded to the High Court challenging the magistrate's ruling.
The High Court then ruled that there is no reason to interfere with the lower court's ruling.
"We are mindful of the fact that the allegations are that the applicant issued specific instructions to NSSA middle management to make sure that the contract was signed between NSSA and Drawcard within 48 hours of the Anesu Building meeting.
"We reiterate that we have studied the record of the proceedings unfolding before the first respondent. We do not see anything or any basis to descend in that arena when regard is had to the evidence placed before that court. The case for the prosecution was clear. It was simple," said Justice Benjamin Chikowero and Justice Rodgers Manyangadze.
They also noted that according to the prosecution, Mupfumira committed the offence at the Anesu Building meeting by issuing verbal instructions to those members of the NSSA middle management present at that meeting to enter into a contract with Drawcard.
Justice Chikowero said whether the proceedings of that meeting were minuted "is immaterial for our purposes."
"The record of proceedings discloses the applicant's pivotal involvement in the favourable positioning of Drawcard right from the Metbank Building Meeting, the Anesu Building Meeting and the applicant's unrelenting pressure upon Chihota and Mukondomi to hurriedly conclude the contract."
The allegations are that at a time when she was still serving as a Minister and hence a public officer, she acted contrary to and inconsistent with her duties by instructing NSSA to enter into a housing project with Drawcard.
The unlawful instruction was designed to circumvent the requirement that NSSA goes through its own internal processes culminating in obtaining board approval as well as going through tender procedures before NSSA could lawfully enter into the housing project contract.
The prejudice to NSSA was that it did not benefit from the safeguards inherent in obtaining Board approval and tender procedures before contracting with Drawcard.
On the other hand, Mupfumira's specific instructions to NSSA management to contract with Drawcard favoured the latter because it did not compete with anybody before "winning" the job and entering into the contract with NSSA.
The ex-minister is facing allegations of giving specific instructions to the management of the National Social Security Authority (NSSA) to enter into a housing project with a company called Drawcard Enterprises (Private) Limited (Drawcard).
Mupfumira's application for discharge was dismissed by Harare magistrate Mr Ngoni Nduna which did not go down well with her.
Irked by Mr Nduna's ruling, Mupfumira proceeded to the High Court challenging the magistrate's ruling.
The High Court then ruled that there is no reason to interfere with the lower court's ruling.
"We are mindful of the fact that the allegations are that the applicant issued specific instructions to NSSA middle management to make sure that the contract was signed between NSSA and Drawcard within 48 hours of the Anesu Building meeting.
"We reiterate that we have studied the record of the proceedings unfolding before the first respondent. We do not see anything or any basis to descend in that arena when regard is had to the evidence placed before that court. The case for the prosecution was clear. It was simple," said Justice Benjamin Chikowero and Justice Rodgers Manyangadze.
They also noted that according to the prosecution, Mupfumira committed the offence at the Anesu Building meeting by issuing verbal instructions to those members of the NSSA middle management present at that meeting to enter into a contract with Drawcard.
Justice Chikowero said whether the proceedings of that meeting were minuted "is immaterial for our purposes."
"The record of proceedings discloses the applicant's pivotal involvement in the favourable positioning of Drawcard right from the Metbank Building Meeting, the Anesu Building Meeting and the applicant's unrelenting pressure upon Chihota and Mukondomi to hurriedly conclude the contract."
The allegations are that at a time when she was still serving as a Minister and hence a public officer, she acted contrary to and inconsistent with her duties by instructing NSSA to enter into a housing project with Drawcard.
The unlawful instruction was designed to circumvent the requirement that NSSA goes through its own internal processes culminating in obtaining board approval as well as going through tender procedures before NSSA could lawfully enter into the housing project contract.
The prejudice to NSSA was that it did not benefit from the safeguards inherent in obtaining Board approval and tender procedures before contracting with Drawcard.
On the other hand, Mupfumira's specific instructions to NSSA management to contract with Drawcard favoured the latter because it did not compete with anybody before "winning" the job and entering into the contract with NSSA.
Source - The Herald
