THE Zimbabwe Electoral Commission (Zec) faces court action over a murky US$40 million tender it awarded to Zanu PF-linked businessmen for the procurement of electoral material for the disputed August 2023 election.
Convicted fraudster and controversial tenderpreneur Wicknell Chivayo was heard in leaked audios confirming reports that they got a US$40 million tender from Zec to supply electoral materials.
Chivayo, in partnership Mike Chimombe and Moses Mpofu, through Betterbrands Security (Pvt) Ltd, entered into an agreement with South African firm Ren-Form CC on February 13, 2023 to participate in Zimbabwe electoral tenders.
Betterbrands is owned by Mabvuku MP Pedzisayi “Scott” Sakupwanya (Zanu PF).
A private citizen, Tapiwanashe Chiriga, who is Heal Zimbabwe Trust advocacy officer, through his lawyers from Wilmot and Bennett Legal Practitioners has written to Zec requesting the commission to furnish him with all information relating the tender.
“Our client has advised us that there has been information circulating in the general social media with regards to the securing of services related to last year’s election ballot printing that has been a cause for concern,” read the letter gleaned by NewsDay.
“Our client, therefore, requests the following information: that you furnish us with all information relating to the form of bidding you applied in securing the services of ballot printing in the previous election.”
Chiriga argued that he was entitled to all the minute information relating to all procurement processes on the basis that Zec is a public institution bound by the Public Procurement and Disposal of Public Assets Act [Chapter 22:23].
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“Further provide us with the basis of implementing a particular method of bidding and the grounds for taking such a decision as envisaged in section 30 of the Public Procurement and Disposal of Public Assets [Act],” the lawyers said.
“The notice requesting suppliers to submit proposals, name of publication, date of publication and a copy of such publication (if it was competitive bidding or.)
“All records of present procurement proceedings relating to the printing of ballots, the contract award and a copy of the signed contract itself, your written approvals for sub-contracting to the supplier as contemplated in section 80 of the above-mentioned Act.”
Chiriga also requested Zec to furnish him with information relating to the payment for the contract awarded.
“Our client is entitled to this information in terms of the Constitution of Zimbabwe read together with the Public Finance Management Act [Chapter 22:19]. As an institution or corporate body, you are obligated at law to handle public funds transparently, prudently, economically and effectively. He, therefore, has sufficient interest to be afforded the above requested information,” he submitted.
“As you are aware, in terms of the Freedom of Information Act, you are obligated to immediately upon receipt of this request, acknowledge such request in writing and you are supposed to make a determination of such request 21 days from the date on which such request was made. Your silence shall be deemed a refusal as provided for in the Act.
“Our client is prepared to receive the above documentation in written form and obtain copies of any documentation at his own cost. We are of the view that there is no basis for refusal in granting access to the requested information given the funds in question relates to public funds.”
Parliament’s Public Accounts Committee has summoned Zec for questioning over the tender scandal.
Reports are indicating that some of these electoral materials are yet to be delivered, despite payment having being made by Treasury..
