Fidelis Munyoro Chief Court Reporter
suspended CMED (Pvt) Ltd managing director Davison Mhaka, whose involvement in a fuel scam that prejudiced the parastatal of $3 million, has been found guilty on two charges of misconduct following an internal disciplinary hearing.
The disciplinary “authority”, led by Retired judge Justice Simbi Mubako, convicted Mhaka on charges of gross incompetence and inefficiency, and conduct inconsistent with the fulfilment of the express or implied conditions of CMED’s contract of employment.
He was, however, cleared of two other charges involving wilful disobedience to a lawful order and theft or fraud. In a summary judgment made available on Wednesday, the disciplinary authority said full reasons for their decision would appear in the main determination of the probe.
The other members of the disciplinary authority are Messrs’ Rodgers Matsikidze and Patrick Chingoka.
“In a bid to have this matter finalised quickly we have decided to hand down the summary of the main determination, which we are finalising to enable parties to put in mitigation and aggravation,” read the document signed by all the three.
“As a result and for avoidance of doubt, this summary does not contain the reasons in full for determination.
“The reasons and facts shall be in the main determination.”
The disciplinary authority said Mhaka should file his submission in mitigation while CMED files in aggravation before November 29.
Advocate Thabani Mpofu instructed by Mr Alois Musunga of Musunga and Associates appeared for CMED while Adv Lewis Uriri instructed by Makiwa and Partners acted for Mhaka.
Last year, the CMED board suspended Mhaka without pay and benefits.
The board charged Mhaka with theft and fraud for deliberately or negligently acting in concert with First Oil to defraud CMED, gross unsatisfactory work performance, incompetence and inefficiency.
Mhaka authorised the tender award to a company that did not have a valid import licence and that did not appear on the State Procurement Board list of bulk fuel suppliers.
The board accused Mhaka of failing to carry out adequate due diligence in awarding the deal to First Oil. The CMED fuel saga also sucked in the company’s fuel manager, Mr Brian Manjengwa, who was sent on forced leave.
He is accused of conniving with First Oil directors Alex Mahuni, Maxwell Katunga and Alois Nyamadzawo in swindling the company.
Also implicated in the case are National Oil Infrastructure Company chief executive officer Mr Wilfred Matukeni and his counterpart at Petrotrade Mr Tanaka Sikwila.
The two are accused of misrepresenting to CMED that they were storing three million litres of diesel on behalf of First Oil at Msasa depot when they knew they did not have the commodity.