HIGH Court judge, Justice Benjamin Chikowero has dismissed a bail appeal by jailed business partners Moses Mpofu and Mike Chimombe who were seeking freedom in a matter they are accused of defrauding the Harare City Council of US$9 million in a botched streetlights tender deal.
Chikowero only read the operative part of his ruling on Thursdays stating that reasons will follow.
"We are now waiting for the release of the full judgement so that we get instructions from our clients, " Advocate Tapson Dzvetero representing Mpofu told journalists after the dismissal.
Last week the two had their appeal dismissed in a case they are accused of siphoning US$7 million state funds in another tender fraud.
High Court judge Justice Pisirayi Kwenda ruled that the two are flight risks considering the jail term they would face if convicted.
While challenging the latest appeal, Whisper Mabhaudhi representing the State submitted that there were no changed circumstances warranting the release of the two now.
Dzvetero had submitted that the two deserved bail considering that their co-accused from the local authority were granted bail.
According to the State, in January, the Harare City Council initiated a project to rehabilitate streetlights in preparation for the SADC summit hosted by Zimbabwe in August.
The council invited bids, receiving submissions from 11 companies, including Juluka Endo Joint Venture (Pvt) Ltd, co-owned by Moses Mpofu.
The tender invitation specified that all bidders must provide stamped audited financial statements from the last two years.
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Additionally, proof of payment for the special procurement oversight committee and administration fees were required.
On April 19, an evaluation committee awarded contracts to four companies across eight lots for the street light rehabilitation project.
Mpofu's company did not meet the requirements as its audited statements lacked an audit opinion, a crucial criterion for eligibility.
Nonetheless, the council invited Mpofu's company to submit a new bid, which it did, presenting a document that allegedly contained false information. Mpofu is accused of misrepresenting his company's compliance with the regulatory requirements.
Mpofu allegedly submitted a bid security obtained on March 26 that had previously been used for an unsuccessful tender.
He is also accused of submitting audit documents purportedly prepared by three consultancy firms, which the Zimbabwe Anti-Corruption Commission (ZACC) found to be unregistered.
It is alleged that Mpofu's company was awarded the contract, with the State claiming that Chimombe signed as a witness, leading to the duo receiving a partial payment of US$260,000.
