Harare magistrate Stanford Mambanje has dismissed an application by businessman, Mike Chimombe who was seeking to be excused from prosecution in a case he is accused of abusing US$9 million council funds after illegally securing a streetlights tender deal.
The Zimbabwe Anti-Corruption Commission (ZACC) recently added another fraud charge on Chimombe and his business partner Moses Mpofu.
The two, who are already in remand prison on allegations of defrauding the state of US$7 million in a botched Presidential goat scheme, were reportedly dragged from their cells by ZACC officers to answer to the new charges.
Chimombe last week challenged his placement on remand submitting that he was not involved in this deal.
But magistrate Stanford Mambanje said he is answerable because he signed as a witness when Juluka Enndo Joint Venture was awarded the tender.
The signing culminated in them being given a contract and a part payment.
"If he acted in that manner, then he would face criminal liability.
"The court has no doubt that the State has revealed everything necessary and it has shown how the crime was committed.
"All the requisite of a remand have been satisfied there are enough facts for the accused to be placed on remand," ruled the magistrate.
Their new charge is related to the US$9.2 million fraud case that got Harare City Council town clerk Hosea Chisango and five others arrested.
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It is the State's case that Chimombe and Mpofu presented fake documents when they applied for a council tender to rehabilitate the capital's dilapidated street lights in May this year.
Their financial report was also signed by a non-existent firm.
The two acting for Juluka Enndo Joint Venture misrepresented that they were compliant with the provisions of Public Procurement and Disposal of Public Assets General Regulations by resubmitting a receipt which they had used in an earlier bid in which their company had been disqualified.
"The accused also allegedly submitted a financial report claiming it was audited by a consultancy company which investigations have revealed is not registered."
According to the statement, Chimombe and Mpofu went as far as misrepresenting that they had undertaken similar work for Harare City Council in the past.
They were then awarded the tender based on the false information supplied.
Chimombe, a well-known Zanu PF associate and Mpofu have been in remand prison since their initial arrest in June.
Their efforts to get bail have been dismissed at the Magistrates Court and they now await approaching the High Court.
