Harare businessmen -- Mike Chimombe and Moses Mpofu -- who allegedly used false documents to win a US$9,2 million tender to install street lights in Harare, yesterday appeared in court seeking bail.
Mpofu, the managing director and majority shareholder for Juluka Projects and Plant Hire (Pvt) Ltd, and Chimombe, a company representative, filed a written application before Harare magistrate Stanford Mambanje through lawyer Mr Arshiel Mugiya.
Prosecutor Mr Anesu Chirenje told the court that he was going to respond to the application today, hence the ruling will be delivered on August 27.
They argued that they were good candidates for bail and there were no compelling reasons advanced by the State to justify continued detention.
In his defence, Chimombe argued that he was not in any way affiliated with Juluka Projects and Plant Hire (Pvt) Ltd as he was not an employee, director or shareholder.
It is his contention that the US$206 146 in question was not received by Chimombe in his personal capacity, but was instead a payment made by the City of Harare for services rendered by Mpofu's company, contrary to the State's allegations.
"Contrary to the state's allegations, the sum of US$206 146,13 is the only amount paid by the City of Harare. The amount was not an advance payment. The payment was an invoiced amount because Mpofu's company had already done work. So there is no prejudice suffered by the State," read part of the application. Mpofu's lawyer further argued that his client was only a director of the company that won the tender and should be charged in his personal capacity.
"First applicant is not the direct contact person who does tenders on behalf of Juluka Projects (Pvt) Ltd. The company has its own specific personnel and has a procurement department and workers who do tenders on behalf of Juluka Projects (Pvt) Limited, Mpofu is not part of that personnel. He is just a director," read the court papers.
In addition, Mpofu denied submitting a bid document which contained false statements as alleged as well as misrepresenting that they were compliant with the requirements of the PPDPA (general) Regulations which required payment of special procurement oversight committee fee of US$400.
