TWO former Zimbabwe National Roads Administration (Zinara) executives accused of corruptly awarding tender for rehabilitation of roads in three local authorities to a local company, last week denied the allegations when the trial opened.
Former Zinara’s chief executive Frank Chitukutuku and ex-technical director Moses Juma tendered a plea of not guilty to allegations of awarding tender to Fremus Enterprises for rehabilitation of roads under Gutu Rural Council, Zaka Rural Council and Gwanda Rural Council. Fremus Enterprises is owned by Freddy and Masline Chimbari.
The two allegedly received more than US$140 000 from Fremus Enterprise after awarding it tender for the work in the three local authorities’ jurisdictions.
Juma told Harare regional magistrate Mr Taurai Manwere that he was once acquitted by a tribunal on the same facts in 2017.
“The ZINARA Board, led by a one Wilfred Ramwi and the then State Procurement Board (SPB) now (PRAZ) set up a special tribunal to make an inquiry into allegations against the accused.
“This was sometime in 2017 after the accused was implicated on allegations forming the basis of the current charges.
“The accused was suspended from duty for 14 days on September 1, 2017 but was later acquitted by the special tribunal.
“He was reinstated to his position of Technical Director to the point of having his contract of employment renewed on the 29th June 2018.
“ZACC should have picked out this issue from the report by the Ramwi Board which investigated the allegation against the accused.
“ZACC was not thorough with its investigations and it deliberately left out the outcome of the Ramwi Commission from these current proceedings,” reads Juma’s defence outline.
Juma denied the allegations saying between January and June 2011, he was not working at Zinara headquarters as alleged by the State.
He told the court that he was actually working in Bulawayo as a planning and monitoring engineer and was only appointed as technical director in March 2013. Juma also told the court that funds allocation and roads approval are done by the Zinara board while procurement, service providers and the appointment of contractors is done by respective Road Authorities.
“There is no evidence linking the accused to the commission of the offence as all the allegations are pointing to third parties.
“A reading of all the counts does not show the role played by the accused,” reads the defence outline.
Chitukutuku, in his defence outline, also denied the allegations.
“The accused would specifically deny that he was involved in hatching a plan to defraud Zinara of any amounts of money as alleged or at all.
“The accused will also deny that he was involved in the handpicking of any Rural District Councils to benefit from any Special Fund Projects as alleged or at all.
“The accused will further deny that there was anything called Special Fund Projects as alleged.
“Accused will tell the court that he is only aware of two programs that Zinara was involved in namely the routine road maintenance program and the periodic maintenance road program,” he said.
Chitukutuku denied imposing a contractor to any council as alleged saying that he had no powers and authority to do so. He also told the court that the money he received from Fremus Business Consultancy (Pvt) Ltd was payment towards the purchase a 40 percent shareholding in Champions Insurance Company.
Chitukutuku is the director of Champions Insurance.
“The accused will be able to demonstrate that in February 2010 accused through his company called Hotspike (Pvt) Ltd was able to conclude a contract with Fremus Business Consultancy (Pvt) Ltd in terms of which Fremus purchased the 40 percent shareholding in Champions Insurance for an amount of USD$100 000 which amount Fremus undertook to pay with interest over a period of time,” he said.