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Yeukai Karengezeka
Court Correspondent
High Court judge Justice Benjamin Chikohwero is set to deliver a ruling on January 23 on the bail application of businessmen Moses Mpofu and Mike Chimombe who are accused of defrauding the City of Harare of US$9 million in a fraudulent streetlight tender deal.
The court heard the appeal on Friday morning.
State counsel Mr Whisper Mabhaudhi opposed the bail application, arguing that there were no new circumstances to justify the release of the two men.
This comes after the duo’s previous bail application was dismissed last Thursday with Justice Pisirayi Kwenda ruling that the charges they are facing are severe and could result in a 20-year prison sentence if convicted.
On Friday, Mpofu’s lawyer, Advocate Tapson Dzvetero argued that the two deserved bail, citing that their co-accused from the Harare City Council had been granted bail.
Mr Arshiel Mugiya, representing Chimombe, echoed Advocate Dzvetero’s argument.
However, Mr Mabhaudhi said the granting of bail to the council official was irrelevant to the accused’s circumstances.
According to the State, the Harare City Council embarked on the rehabilitation of streetlights in January last year.
The council invited bids and received submissions from 11 companies, including Moses Mpofu’s Juluka Endo Joint Venture (Pvt) Ltd.
The tender requirements included the submission of stamped audited financial statements for the last two years, proof of payment for the special procurement oversight committee, as well as administration fees.
Mpofu’s company failed to meet the requirements as its audited financial statements lacked an audit opinion.
Council allowed Mpofu’s company to resubmit its bid and he allegedly submitted documents containing false information.
The State said Mpofu misrepresented his company’s compliance with the regulatory requirements.
Specifically, Mpofu is accused of submitting a bid security obtained on March 26 that was used for an unsuccessful tender.
He also allegedly submitted audit documents purportedly prepared by three consultancy firms. The Zimbabwe Anti-Corruption Commission (ZACC) found out that the firms were not registered.
As a result of the misrepresentations, Mpofu’s company was awarded the contract.
The State said Chimombe signed as a witness to the deal, and the duo subsequently received a partial payment of US$260 000.
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