ZACC clashes with NPA over Chisango's acquittal

The Zimbabwe Anti-Corruption Commission (ZACC) has announced plans to bring new criminal charges against former Harare Town Clerk Josiah Chisango and four other officials who were acquitted last Friday in connection with the US$9 million streetlights scandal.

The National Prosecuting Authority (NPA) withdrew charges against Chisango, Never Murerwa (Supply Chain Manager), Denford Zhungu (Principal Accountant), Tawanda Mutenhabundo (Engineering Technician), and Artikins Mandaza (Principal Contracts Administrator) before plea. The charges were dropped following a review by the NPA, which concluded there was no prima facie evidence to support their involvement in the scandal.

However, charges against Jabulani Mukomazi, the Principal Buyer, were not withdrawn. Mukomazi is set to stand trial for his role in the scandal, with the trial scheduled to begin on March 10, 2025, at the High Court.

The group was accused of facilitating a fraudulent US$9 million streetlights tender deal that benefited Juluka Endo, a company owned by Moses Mpofu and Mike Chimombe. Both Mpofu and Chimombe are currently in custody, facing charges in connection with the streetlights deal and another scandal involving goats.

Provincial Public Prosecutor Witness Mabhaudhi, who spoke on the matter, stated that the agreement between the City of Harare and Juluka Endo was legally invalid. He noted that Mukomazi, as the principal buyer, misrepresented his authority to act on behalf of the Procurement Regulatory Authority of Zimbabwe (PRAZ), which led to his criminal liability. According to Mabhaudhi, there was no evidence to suggest that the other accused individuals were involved in the fraudulent actions, thus the charges against them were withdrawn.

Despite the NPA's decision, ZACC has voiced its dissatisfaction, stating that the acquittal of Chisango and his colleagues does not absolve them of responsibility for their alleged involvement in the fraudulent tender process. ZACC has emphasized that the accused individuals should still face trial for their actions, maintaining that the evidence points to criminal liability in the awarding of the tender.

In a statement, ZACC said, "The Commission respects the position taken by the NPA and acknowledges that it is the mandate of the prosecuting authority to institute and manage criminal prosecutions in Zimbabwe. However, ZACC maintains that the accused persons are criminally liable for the fraudulent awarding of the tender and should defend their actions in court."

ZACC further stated that it would be preferring new charges against the five officials, adding that they should not be allowed to evade legal scrutiny.

The controversy surrounding the withdrawal of charges has led to public criticism, with many questioning the handling of the case. As the matter continues to develop, ZACC's actions signal its commitment to ensuring accountability in the face of corruption.