Harare businessmen Moses Mpofu and Mike Chimombe were back in court yesterday on fresh allegations of corruptly using false documents to win a US$9,2 million City of Harare street lights tender.
Mpofu, who is the managing director and majority shareholder for Juluka Projects and Plant Hire (Pvt) Ltd, with Chimombe as a company representative, appeared before Harare regional magistrate Mrs Marehwanazvo Gofa, who remanded them in custody to today.
The two are being represented by lawyers Mr Tapson Dzvetero and Mr Arshiel Mugiya.
They are charged with corruptly using false documents.
Both lawyers are challenging placement on remand on the basis that there are no reasonable grounds.
However, Mr Dzvetero made an application that the matter be heard before a different court.
"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," he said.
Mrs Gofa advised the lawyers to file detailed submissions on why the matter should be heard in a different court.
However, Mr Mugiya sought to explain what they intended to do, but the court could not entertain the request and rolled over the matter to today to hear the application.
In relation to the same case, Harare town clerk Hosiah Chisango, the city's principal contracts administration Arkins Mandaza, are in custody awaiting bail.
Their accomplices Never Murerwa, Jabulani Mukomazi, Denford Zhungu and Tawanda Mutemhabudo, were denied bail last week.
The State is alleging that sometime in January this year, City of Harare embarked on a rehabilitation of street lighting in preparation for the 44th SADC Summit, which will be held next month in Harare.
Council invited bids and 11 companies, including Juluka ENNDO Joint Venture (Pvt) Ltd, a purported joint venture between Juluka Projects and Plant Hire (Private) Limited and a purported South African company, ENNDO Lighting and Structural, responded.
There were specifications required including stamped audited financial statements for the last two years, proof of payment for special procurement oversight committee (SPOC) administration fee, specific experience of work history with the City of Harare in relation to a similar project, NSSA Certificate of Compliance and Zimra Compliance Certificate.
However, the court heard that on April 19, the City of Harare Evaluation Committee awarded Syvern Investments, Exodus and Company, Ship Tracks and Onel Engineering the tender to rehabilitate eight of the 10 lots.
Due to lot limitation, no company was awarded more than two lots, and two were left unawarded.
It is understood from court papers that Juluka ENNDO Joint Venture was disqualified after failing to meet the tender requirements.
Some of the reasons for their disqualification was that their audited statements did not have an audit opinion, which was a prerequisite for all bidders on the 10 lots.
However, City of Harare went on to invite Juluka ENNDO Joint Venture to submit a fresh bid and the accused submitted a bid document containing some false statements.
The pair submitted in their bid document that they had the required experience related to street lighting by falsely submitting that they had undertaken light bulb Chitepo AL 22-5 3024 installations in Harare Central Business District.
They also falsely submitted that they had done Christmas lights installation for the City of Harare.
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Mpofu and Chimombe further misrepresented that they were compliant with procurement regulations, which required the payment of a Special Procurement Oversight Committee fee of US$400 by submitting their bid document SPOC receipt they had used in their earlier bid which had been disqualified.
They also submitted a bid security obtained on March 26, 2024, which they had also earlier used in the previous unsuccessful tender.
The duo proceeded to submit audit documents which they claimed were done by a consultancy company, which investigations revealed was unregistered.
Resultantly, Juluka ENNDO Joint Venture (Pvt) Ltd was awarded the contract for the two lots which both accused persons signed for which culminated in them receiving a part payment of US$260 000.
Mr Anesu Chirenje is appearing for the State.
