HARARE magistrate Stanford Mambanje yesterday dismissed an application challenging placement on remand by Zanu PF central committee member Mike Chimombe on a charge of submitting fake documents when they were bidding for the US$9 million Harare streetlighting rehabilitation tender.
This comes after Chimombe distanced himself from the company, Juluka Endo Joint Venture, arguing that he signed as a witness, but he has no links to the company.
Mambanje ruled that generally, a witness cannot be blamed unless he or she knowingly conceals important information or facts, hence in this case, this will be proven during trial.
“The court has no doubt that the State has revealed everything necessary and it has shown how the crime was committed. All the requisite [paperwork] of a remand have been satisfied. There are enough facts for accused two to be placed on remand,” the magistrate said.
Chimombe was remanded in custody to August 22 for routine remand.
It is the State’s case that in January this year, Harare City Council embarked on the rehabilitation of streetlights in preparation for the forthcoming Sadc summit.
The court heard that council invited bids and 11 companies responded, including Juluka Endo Joint Venture (Pvt) Ltd, a company co-owned by Moses Mpofu.
The invitation to tender stipulated that all prospective bidders should have stamped audited financial statements for the last two years.
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The bid also required proof of payment of special procurement oversight committee and administration fees, among other requirements.
Prosecutor Anesu Chirenje told the court that on April 19 this year, an evaluation committee awarded four companies eight lots to rehabilitate the streetlights.
Mpofu’s company failed to meet the requirements because its audited statements did not have an audit opinion, which was a prerequisite for bidding.
However, council went on to invite Mpofu’s company to submit a fresh bid and it re-submitted the bid document containing false statements.
Mpofu allegedly misrepresented that his company was compliant with the requirements of general regulations.
According to court documents, Mpofu submitted a bid security obtained on March 26 which his company had used in a previous unsuccessful tender.
He allegedly submitted audit documents which they claimed were prepared by three consultancy companies, which, according to the Zimbabwe Anti-Corruption Commission, were unregistered.
Mpofu’s company was allegedly awarded the contract.
The State alleges that Chimombe signed as a witness, which culminated in them receiving a part payment of US$260 000.
