The National Prosecuting Authority of Zimbabwe (NPA) has reaffirmed its commitment to operating independently and upholding the rule of law with diligence and integrity.
In a statement released on Wednesday, February 5, the NPA said that it focuses on thoroughness in its processes and does not rush to bring matters to trial if they are incomplete or lack sufficient evidence.
The NPA works closely with investigative agencies to support their efforts in ensuring successful prosecutions.
This statement follows criticism from the Zimbabwe Anti-Corruption Commission (ZACC), which on Tuesday condemned the NPA’s decision to withdraw fraud cases against several senior Harare City Council officials.
Questions were raised after the acquittal of town clerk Hosiah Chisango and five others involved in a US$9 million tender fraud case, which also includes Moses Mpofu and Mike Chimombe, who are currently incarcerated.
In response, the NPA said that successful prosecutions depend on the quality of investigations, in what appears to be criticism of ZACC. It said:
<blockquote>
The success of prosecution is directly linked to the quality of conducted investigations. NPAZ takes pride in presenting only ready and complete matters in court, adhering to high standards and constitutional responsibilities.
The decision on how to proceed with cases rests on our constitutional prerogative to initiate criminal proceedings, and we are dedicated to fostering productive partnerships with supportive government agencies for a robust justice system.
</blockquote>
The NPA also disclosed that it received 314 dockets from the Zimbabwe Anti-Corruption Commission.
It added that while not all of these cases were immediately ready for trial, they have been thoroughly reviewed and are being scheduled for prosecution.

Pindula News

The National Prosecuting Authority of Zimbabwe (NPA) said it works independently to follow the law and bring justice by thoroughly investigating cases. The NPA responds to criticism from the Zimbabwe Anti-Corruption Commission (ZACC) about dropping fraud cases. They believe in quality investigations for successful prosecutions and have received many cases from ZACC to review. The NPA takes pride in only bringing complete cases to court and wants to work well with other government agencies for a strong justice system. They are committed to prosecuting cases efficiently and fairly to uphold the law.

NPA Responds To ZACC's Criticism

Harare mayor, Jacob Mafume has suspended town clerk Hosiah Chisango over multiple allegations, including awarding a tender to a blacklisted company and extending his term of office indefinitely without council approval.
Chisango has been suspended with pay and benefits but is prohibited from reporting for duty or acting on behalf of the City of Harare during this period.
Recently, he was granted bail by the High Court after spending nearly two months in remand prison on charges of tender fraud.
In his suspension letter dated September 30, Mafume cited several instances of misconduct by Chisango in his role as the council’s accounting officer. Wrote Mafume:
<blockquote>
This letter serves to inform you that on the grounds stated below you are hereby suspended from all your duties as the Town Clerk with effect from the 30th of September 2024 in terms of Section 6 (1) of Statutory Instrument 15 of 2006 as read with Section 139(3)(a) of the Urban Councils Act (Chapter 29:15).
Grounds for suspension (a) The employer has a good cause to believe that you have committed a serious misconduct in that you contravened Section 4(a) of the National Code i.e. S.I. 15 of 2006 otherwise known as ‘Any act or conduct or omission inconsistent with the fulfilment of the express or implied conditions of his or her contract.
You did so in one or more of the following ways; you misconducted yourself in the procurement and award of a tender for street lights to Jukula Enterprises in that you awarded the contract to a blacklisted company which had a record of breaching its tender obligations.
Or that you awarded a tender to a company owned by proprietors of blacklisted companies thereby exposing Council to potential financial losses and which company in this case had not won the tender.
In doing so, you have failed one of your primary functions as the accounting officer which is to protect the council’s interest
</blockquote>
Mafume also accused Chisango of failing to secure effective Enterprise Resource Planning (ERP) software and system support for the management of the Council’s billing and accounting systems for nearly five years.
He also claimed that the town clerk renewed the contracts of other senior employees without proper authorisation. Wrote the mayor:
<blockquote>
At the expiry of your fixed term contract around July 2023, you proceeded to give yourself a contract without limit of time without the knowledge and authority of council and without the approval of the Local Government Board in terms of Section 132(1) of the Urban Councils Act.
In violation of the circular issued on the 26th of June 2014 paragraph 2.2 by the Ministry of Local Government and approved by Cabinet.
</blockquote>
Chisango’s contract at the Harare City Council expired in 2023 after completing his initial four-year term.
According to Local Government and Public Works Ministry circular number 86 of 2018, heads of local authorities are mandated to serve for four years.
Meanwhile, according to ZiFM Stereo, on October 1, Mafume was taken aback to find Chisango present at the full council meeting at Town House.
In a surprising turn of events, journalists were quickly removed from the meeting, preventing them from witnessing the unfolding drama between Mafume and Chisango.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Harare's mayor suspended the town clerk, Hosiah Chisango, for doing bad things like giving a contract to a bad company and extending his job without permission. Chisango can't work during the suspension but still gets paid. The mayor said Chisango also failed to get important software and renewed other contracts without permission. Chisango's contract should have ended in 2023 but he made it unlimited. The mayor was surprised to see Chisango at a meeting and journalists were removed, so no one knows what happened next.

Harare Mayor Suspends Town Clerk, Hosiah Chisango, For Misconduct

Harare Town Clerk Hosiah Abraham Chisango, 54, has been granted bail by the High Court in Harare under specific conditions.
He is required to deposit US$1,000 with the clerk of the court, reside at his given address, not interfere with state witnesses, report to the police once a week, and surrender his passport.
Chisango is jointly charged with 42-year-old Artkins Mandaza for allegations of criminal abuse of duty, and they had previously been denied bail by the lower court.
It is the State’s case that the accused persons connived to unlawfully award a street lighting tender to Juluka Enndo Joint Venture, a company in which Moses Mpofu who is in custody is the majority shareholder.
Allegations are that in so doing the accused persons disregarded an earlier decision to disqualify Juluka Enndo Joint Venture for having failed to meet the bid requirements.
The accused persons awarded the tender to a company whose owners also own Synlak (Pvt) Ltd, a company which failed to deliver in a biogas digester tender awarded in 2019.
This was contrary to the standard bidding document condition which provides that bidders with bad records from previous City of Harare tenders were not eligible.
Acting in connivance with the evaluation committee, the second accused person drafted the contract between the City of Harare represented by the first accused and the company, represented by Moses Mpofu even though they had used a wrong procurement method and without seeking exemption from the Procurement Regulatory Authority. 
The first accused person then wrote to the Ministry of Local Government and Public Works seeking advance payment of the contract value of US$9 244 328.71 but the payment was not processed.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Harare Town Clerk Hosiah Chisango, 54, was given bail with conditions like giving $1,000, staying at home, reporting to police, and surrendering his passport. He and another person are accused of giving a street lighting tender to the wrong company. They ignored rules and gave the tender to a company with a bad record. They did this without following the correct procedures and tried to get a big payment. The accused are being investigated for acting in a corrupt way in awarding the tender. Chisango now has bail but must follow strict rules until the investigation is completed.

Harare Town Clerk Hosiah Chisango Granted US$1,000 In Corruption Case

Harare town clerk Hosiah Abraham Chisango (54), and City of Harare Principal Contracts Administrator, Artkins Mandaza (42), who were arraigned before the Harare Magistrates’ Court on allegations of criminal abuse of duty have been denied bail. The duo will appear in court on 22 August 2024.
According to the National Prosecuting Authority (NPA), it is the State’s case that the accused persons connived to unlawfully award a street lighting tender to Juluka Enodo Joint Venture, a company in which Moses Mpofu who is in custody is the majority shareholder.
Allegations are that in so doing the accused persons disregarded an earlier decision to disqualify Juluka Enodo Joint Venture for having failed to meet the bid requirements.
The accused persons allegedly awarded the tender to a company whose owners also own Synlak (Pvt) Ltd, a company which failed to deliver in a biogas digester tender awarded in 2019.
This was contrary to the standard bidding document condition which provides that bidders with bad records from previous City of Harare tenders were not eligible. Said the NPA:
<blockquote>
Acting in connivance with the evaluation committee, the second accused person drafted the contract between the City of Harare being represented by the first accused and the company, represented by Moses Mpofu not withstanding the fact that they had used a wrong procurement method and without seeking exemption from the Procurement Regulatory Authority. 
</blockquote>
Chisango allegedly then wrote to the Ministry of Local Government and Public Works seeking advance payment of the contract value of US$9 244 328.71 but the payment was not processed.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Harare Town Clerk Hosiah Chisango and Artkins Mandaza were denied bail for abusing their positions. They allegedly helped a company win a tender illegally. The company had a bad record but still got the tender. Chisango asked for a big payment for the contract, but it didn't go through. They will go back to court in August 2024. They did not follow the right rules for awarding tenders. The company they helped also failed to deliver on a previous job.

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