News / National
Mpofu, Chimombe have been denied bail, again
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High Court Judge Justice Benjamin Chikohwero has dismissed a bail application filed by controversial businessmen Moses Mpofu and Mike Chimombe, who are accused of defrauding the City of Harare of US$9 million in a botched street lights project.
The two Zanu-PF-linked businessmen had filed the bail application last Friday, just a day after their previous bail request in a separate case involving a US$7.5 million government goat scheme was rejected.
Justice Chikohwero indicated that the reasons for dismissing the latest bail application, which was based on what the accused considered "changed circumstances," would be given at a later date.
Mpofu and Chimombe have been in remand prison for almost nine months as they face serious charges related to their alleged involvement in the fraudulent street lights tender. The court has consistently denied them bail, citing the gravity of the offences.
Chimombe's lawyer, Ashley Mugiya, argued that his client should be granted bail, pointing out that other alleged accomplices from Harare City Council, who face similar charges, have been granted bail. Mpofu's lawyer, Advocate Tapson Dzvetero, supported the application, urging the court to release their clients immediately.
However, the State, represented by Whisper Mabhaudhi, opposed the bail application, asserting that while the city council officials and the businessmen were facing the same charges, the circumstances surrounding their bail were different.
"The granting of bail to city council officials has no bearing on the bail of these accused persons," Mabhaudhi argued.
The State's case revolves around a tender process that began in January last year, when Harare City Council sought to rehabilitate street lights in preparation for the SADC Summit hosted by Zimbabwe in August. Eleven companies, including Juluka Endo Joint Venture, co-owned by Mpofu, submitted bids for the project.
The court heard that the tender documents required companies to submit audited financial statements for the previous two years, as well as proof of payment of special procurement oversight fees. However, Mpofu's company, Juluka Endo, failed to meet these requirements because its financial statements lacked an audit opinion, which was a necessary criterion.
Despite this, the City Council allegedly invited Mpofu's company to resubmit its bid, despite the company's failure to meet the initial standards. It was alleged that Mpofu's company misrepresented compliance with the tender requirements.
Court documents show that Mpofu submitted a bid security from a previous tender, as well as allegedly fraudulent audit documents prepared by unregistered consultancy firms. Despite these discrepancies, Mpofu's company was reportedly awarded the contract.
Chimombe, it is claimed, signed as a witness to the contract, and the company received an initial payment of US$260,000.
As investigations continue, the accused businessmen will remain in custody as they await further court proceedings. The dismissal of their bail applications has added another twist to the ongoing legal battle, with both sides gearing up for the next phase in the trial.
The two Zanu-PF-linked businessmen had filed the bail application last Friday, just a day after their previous bail request in a separate case involving a US$7.5 million government goat scheme was rejected.
Justice Chikohwero indicated that the reasons for dismissing the latest bail application, which was based on what the accused considered "changed circumstances," would be given at a later date.
Mpofu and Chimombe have been in remand prison for almost nine months as they face serious charges related to their alleged involvement in the fraudulent street lights tender. The court has consistently denied them bail, citing the gravity of the offences.
Chimombe's lawyer, Ashley Mugiya, argued that his client should be granted bail, pointing out that other alleged accomplices from Harare City Council, who face similar charges, have been granted bail. Mpofu's lawyer, Advocate Tapson Dzvetero, supported the application, urging the court to release their clients immediately.
However, the State, represented by Whisper Mabhaudhi, opposed the bail application, asserting that while the city council officials and the businessmen were facing the same charges, the circumstances surrounding their bail were different.
The State's case revolves around a tender process that began in January last year, when Harare City Council sought to rehabilitate street lights in preparation for the SADC Summit hosted by Zimbabwe in August. Eleven companies, including Juluka Endo Joint Venture, co-owned by Mpofu, submitted bids for the project.
The court heard that the tender documents required companies to submit audited financial statements for the previous two years, as well as proof of payment of special procurement oversight fees. However, Mpofu's company, Juluka Endo, failed to meet these requirements because its financial statements lacked an audit opinion, which was a necessary criterion.
Despite this, the City Council allegedly invited Mpofu's company to resubmit its bid, despite the company's failure to meet the initial standards. It was alleged that Mpofu's company misrepresented compliance with the tender requirements.
Court documents show that Mpofu submitted a bid security from a previous tender, as well as allegedly fraudulent audit documents prepared by unregistered consultancy firms. Despite these discrepancies, Mpofu's company was reportedly awarded the contract.
Chimombe, it is claimed, signed as a witness to the contract, and the company received an initial payment of US$260,000.
As investigations continue, the accused businessmen will remain in custody as they await further court proceedings. The dismissal of their bail applications has added another twist to the ongoing legal battle, with both sides gearing up for the next phase in the trial.
Source - the herald
