High Court trial for ex-treasurer, councillors

Fungai Lupande Senior Court Reporter—
Former Harare City treasurer Misheck Mubvumbi and four MDC-T councillors, who are facing a close to $32 million tender scam for the rehabilitation of Firle Sewage Works, were yesterday indicted for trial at the High Court. The trial date for the five, who are facing criminal abuse of duty as public officers, has been set to February 5. Former town clerk Tendai Mahachi, waste water manager Simon Muserere and water director Christopher Zvobgo are also appearing in court on similar allegations.

The court heard that when the offence was committed, councillors Wilton Janjazi (47), Urayayi Mangwiro (42), Masiye Kapare (48) and Paula Macharangwanda (51) were procurement board members. The prosecutor Mr Sebastian Mutizirwa is alleging that sometime in 2010, City of Harare started a programme to upgrade and rehabilitate sewer plants at Firle and Crowborough in Harare.

The programmes were spearheaded by Muserere and Zvobgo, who were responsible for waste water reticulation management. Mubvumbi was to secure funds for the rehabilitation projects. His alleged accomplices, Kapare, Janjazi, Macharangwanda and Mangwiro formed the procurement board. During that time, City of Harare was governed by the Urban Councils Act Chapter 29:15, which set out tender procedures and the role of the procurement board.

In addition, City of Harare came up with a tender procedure award and administration of contracts and procurement of stores material manual. The manual stated that procedures and regulations shall be used without exception in all departments for transparency. It is alleged that the accused persons smuggled unregistered companies for the award of the contract for the Firle sewage works.

They allegedly hand-picked Energy Resources Africa Consortium (ERAC) for a contract valued at $13 816 117, 10. Acting in connivance, the accused reportedly came up with an unpriced bill of quantities for the rehabilitation works and corruptly neglected to request the bidders to submit the required documents.

They disregarded laid down procedures and intentionally by-passed the tender formulation team. On tender opening day, all the accused persons, well knowing that ERAC was not registered, circumvented the tender verification team, which could have picked up the anomaly, the court heard. It is alleged that on March 22, 2011 the accused awarded tender to Sidal Engineering valued at $18 121 125, 10 without following council procurement procedures.

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