News / National
Chimombe, Mpofu in another bid for freedom
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High Court judge, Justice Benjamin Chikowero, is set to deliver his ruling on January 23 in a matter where business partners Moses Mpofu and Mike Chimombe are seeking bail in a case accusing them of defrauding the City of Harare (CoH) of US$9 million in a streetlights tender deal.
The judge heard the appeal on Friday, during which Whisper Mabhaudhi, representing the State, submitted that there were no changed circumstances warranting the release of the two accused.
This comes after both Mpofu and Chimombe had their other appeal in a separate charge involving a US$7 million fraud linked to a botched presidential goat scheme turned down on Thursday by Justice Pisirayi Kwenda. Justice Kwenda ruled that the pair was facing a serious offence, which could result in a 20-year imprisonment if convicted.
On Friday, Mpofu's lawyer, Advocate Tapson Dzvetero, argued that the two deserved bail, considering that their co-accused from the local authority were granted bail. Chimombe and Mpofu contended that this development constituted changed circumstances, prompting the court's revised perspective on their prior bail request.
However, Mabhaudhi maintained that this had no relevance to the bail circumstances for the accused.
"The granting of bail to city council officials has no bearing on the bail of these accused persons," Mabhaudhi said.
According to the State, the CoH initiated the streetlights rehabilitation project in January in preparation for the SADC summit hosted by Zimbabwe in August. The council invited bids, receiving submissions from 11 companies, including Juluka Endo Joint Venture (Pvt) Ltd, co-owned by Moses Mpofu.
The tender invitation required bidders to provide stamped audited financial statements from the last two years. Additionally, proof of payment for special procurement oversight committee and administration fees was necessary.
On April 19, an evaluation committee awarded contracts to four companies across eight lots for the streetlight rehabilitation project. However, Mpofu's company failed to meet the requirements as its audited statements lacked an audit opinion, a crucial criterion for eligibility.
Despite this, the council allegedly invited Mpofu's company to submit a new bid, which they did, allegedly containing false information. Mpofu is accused of misrepresenting his company's compliance with regulatory requirements.
It is alleged that Mpofu submitted a bid security obtained on March 26, which had been previously used for an unsuccessful tender. Additionally, he submitted audit documents purportedly prepared by three consultancy firms, which were later found to be unregistered.
The State claims that Mpofu's company was awarded the contract, with Chimombe signing as a witness. The duo then received a partial payment of US$260,000.
The judge heard the appeal on Friday, during which Whisper Mabhaudhi, representing the State, submitted that there were no changed circumstances warranting the release of the two accused.
This comes after both Mpofu and Chimombe had their other appeal in a separate charge involving a US$7 million fraud linked to a botched presidential goat scheme turned down on Thursday by Justice Pisirayi Kwenda. Justice Kwenda ruled that the pair was facing a serious offence, which could result in a 20-year imprisonment if convicted.
On Friday, Mpofu's lawyer, Advocate Tapson Dzvetero, argued that the two deserved bail, considering that their co-accused from the local authority were granted bail. Chimombe and Mpofu contended that this development constituted changed circumstances, prompting the court's revised perspective on their prior bail request.
However, Mabhaudhi maintained that this had no relevance to the bail circumstances for the accused.
"The granting of bail to city council officials has no bearing on the bail of these accused persons," Mabhaudhi said.
The tender invitation required bidders to provide stamped audited financial statements from the last two years. Additionally, proof of payment for special procurement oversight committee and administration fees was necessary.
On April 19, an evaluation committee awarded contracts to four companies across eight lots for the streetlight rehabilitation project. However, Mpofu's company failed to meet the requirements as its audited statements lacked an audit opinion, a crucial criterion for eligibility.
Despite this, the council allegedly invited Mpofu's company to submit a new bid, which they did, allegedly containing false information. Mpofu is accused of misrepresenting his company's compliance with regulatory requirements.
It is alleged that Mpofu submitted a bid security obtained on March 26, which had been previously used for an unsuccessful tender. Additionally, he submitted audit documents purportedly prepared by three consultancy firms, which were later found to be unregistered.
The State claims that Mpofu's company was awarded the contract, with Chimombe signing as a witness. The duo then received a partial payment of US$260,000.
Source - NewZimbabwe
