ZANU PF members and businessmen Moses Mpofu and Mike Chimombe, who are accused of swindling US$9 million from City of Harare in a botched street lights tender, have filed another bail application on changed circumstances just after the dismissal of another one.
The duo had their application for bail dismissed by High Court judge Justice Pisirayi Kwenda on Thursday, in a case they are being accused of misappropriating US$7 million from a botched presidential goat scheme tender, arguing that the two were a flight risk.
The two, who have been in remand prison for close to nine months, tried on several occasions to gain freedom through bail, but to no avail.
Yesterday, they approached High Court judge Justice Benjamin Chikowero seeking bail saying their alleged accomplices and City of Harare employees, who were arrested over the same case, have been released on bail.
Chimombe and Mpofu said this was a changed circumstance since the court had a change of view on their earlier stance on bail.
While submitting evidence in court, Chimombe’s lawyer, Ashley Mugiya, said his client should be given the benefit of doubt since their alleged accomplices had been given bail.
Mugiya said the accused persons should be treated fairly and in similar manner with their accomplices who had been granted bail.
The State, represented by Whisper Mabhaudhi, opposed bail saying the granting of bail to City of Harare employees had no bearing in the accused’s bail circumstances.
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Mabhaudhi said even if the court found that there was new circumstances in this bail application, the fear that the accused will flee jurisdiction still exists.
“The granting of bail to city council officials has no bearing on the bail of these accused persons,” the prosecution submitted.
Mpofu’s lawyer Tapson Dzvetero also concurred with Mugiya saying the court should release their clients forthwith.
The matter was remanded to January 23 for ruling.
It is the State’s case that sometime in January last year, Harare City Council embarked on the rehabilitation of street lights in preparation for the 44th Sadc Heads of State and Government Summit hosted by Zimbabwe in August.
The council invited bids and 11 companies responded, including Juluka Endo Joint Venture (Pvt) Ltd, a company co-owned by Mpofu.
The invitation to tender stipulated that all prospective bidders should have stamped audited financial statements for the last two years.
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 last year, an evaluation committee awarded four companies eight lots to rehabilitate the street lights.
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 alleged that Chimombe signed as a witness, which culminated in them receiving a part payment of US$260 000.
