We will not entertain that: Court tells Mike Chimombe and Moses Mpofu as they demand a different magistrate

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The Harare City Council is embroiled in a deepening scandal, with two businessmen, Moses Mpofu and Mike Chimombe, facing fresh allegations of corruption in connection with a US$9.2 million street lights tender. The two, who are the managing director and a company representative of Juluka Projects and Plant Hire (Pvt) Ltd, respectively, appeared in court yesterday, seeking a new magistrate to preside over the case.

The allegations against Mpofu and Chimombe stem from their alleged use of falsified documents to secure the lucrative contract for the rehabilitation of Harare’s street lighting system. The tender, which was part of the city’s preparations for the upcoming 44th SADC Summit, attracted bids from eleven companies, including Juluka ENNDO Joint Venture (Pvt) Ltd, a purported joint venture between Juluka Projects and Plant Hire (Private) Limited and a South African company, ENNDO Lighting and Structural.

However, the court heard that Juluka ENNDO Joint Venture was initially disqualified for failing to meet the tender requirements, including the submission of audited financial statements with an audit opinion. Despite this, the City of Harare invited the company to submit a fresh bid, a move that has raised eyebrows and fueled accusations of preferential treatment.

The State alleges that Mpofu and Chimombe, in their second bid, submitted a document containing several false statements. They are accused of falsely claiming to have undertaken light bulb installations in Harare’s Central Business District and Christmas light installations for the City of Harare, despite lacking the required experience.

Adding further weight to the allegations, the pair are accused of misrepresenting their compliance with procurement regulations by submitting a false Special Procurement Oversight Committee (SPOC) receipt, which they had previously used in their disqualified bid. They also submitted a bid security document that had been used in the earlier unsuccessful tender.

The alleged deception extended further, with the duo submitting audit documents purportedly conducted by a consultancy company that was later found to be unregistered.

The court heard that Juluka ENNDO Joint Venture was awarded the contract for two lots, with Mpofu and Chimombe signing for the contract and receiving a partial payment of US$260,000.

The case has already seen several other individuals implicated, including Harare town clerk Hosiah Chisango and the city’s principal contracts administration Arkins Mandaza, who are currently in custody awaiting bail. Their alleged accomplices, Never Murerwa, Jabulani Mukomazi, Denford Zhungu and Tawanda Mutemhabudo, were denied bail last week.

The allegations of corruption and manipulation in this case have raised serious concerns about the integrity of the City of Harare’s tender process.

During yesterday’s court appearance, Mpofu and Chimombe, represented by lawyers Mr Tapson Dzvetero and Mr Arshiel Mugiya, challenged their placement on remand, arguing that there were no reasonable grounds for their detention. However, Mr Dzvetero made a significant application, requesting that the matter be heard before a different magistrate.

“Accused person (Mpofu) is of the view that in the previous weeks they have appeared before yourself in a matter where they were facing almost similar charges,” Mr Dzvetero stated, highlighting a potential conflict of interest.

The magistrate, Mrs Marehwanazvo Gofa, advised the lawyers to file detailed submissions outlining their reasons for seeking a different court. While Mr Mugiya attempted to explain their intentions, the court declined the request, postponing the matter until today to hear the application.


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