The ruling on the application by Harare businessman Mike Chimombe challenging his placement on remand over fresh charges involving a US$9,2 million Harare City Council street lights tender is expected today.
Harare regional magistrate Mr Stanford Mambanje last week adjourned the hearing, saying the ruling was not yet ready due to power challenges.
Chimombe was jointly accused with Moses Mpofu, who allegedly submitted forged documents for Juluka Enndo Joint Venture company, when he made his bid for the City of Harare tender.
In the application against being placed on remand, Chimombe’s lawyer Arshiel Mugiya argued that his client had no links with the company and the State did not clarify how they were linking him to the charges.
The State alleged that Mpofu and Chimombe submitted in a bid document for Juluka Enndo that the company had the specific required experience in street lighting by falsely submitting that they had undertaken installations in central Harare.
They also falsely submitted that they had installed Christmas lights for the City of Harare.
Mpofu and Chimombe further misrepresented that they were compliant with the requirements of the regulations for public procurement and disposal which required the payment of the Special Procurement Oversight Committee fee of US$400 by submitting in their bid document a SPOC receipt they had used in their earlier bid, which had been disqualified.
They also submitted a bid security obtained on 26 March 2024, which they had also earlier used in the previous unsuccessful tender.
The two submitted audit documents which they claimed were done by a consultancy company, which investigations revealed was unregistered.
As a result, Juluka Enndo was awarded the contract for the two lots of street lighting, which both Mpofu and Chimombe signed for, culminating in them receiving a part payment of US$260 000.
As a result of the same tender award, Harare town clerk Engineer Hosiah Chisango and the city’s principal contracts administration officer Arkins Mandaza are in custody awaiting a bail ruling, also to be given today, on charges of improperly awarding the contract.
Their alleged accomplices Never Murerwa, Jabulani Mukomazi, Denford Zhungu and Tawanda Mutemhabudo were denied bail last week.
