Zvikomborero Parafini
BUSINESSMEN Mike Chimombe and Moses Mpofu suffered yet another setback in their bid for freedom after magistrate Marewanazvo Gofa dismissed their bail bid on changed circumstances ruling that the two are not suitable candidates for bail.
The embattled duo had argued that their accomplices have all been admitted to bail.
They are Never Murerwa, Jabulani Mukomazi, Denford Zhungu, Tawanda Mutenhabundo and Hosiah Chisango.
Their second ground was that the State was taking too long to finalise its investigations which is prejudicial to them as they are in custody.
In her findings, magistrate Gofa said there has been meaningful progress in the case as the State is expected to give them their trial date on the next remand date.
“The three grounds were raised in the bail application on changed circumstances and on the issue that their accomplices were granted bail, this court rules that in some circumstances there’s need to individualise issues of bail.
“Their roles and circumstances are not similar in the commission of the offence, the Council officials are being charged with a different charge from them, hence the law cannot be applied similarly in this case.
“On the issue of the lapse of time, this court rules that this cannot be held as a changed circumstance as case laws in the past have stated that it’s not the mere passage of time that warrants the granting of bail, it is the passage of time without progress in investigations.
“There’s progress in this case and they have been issued with State papers and it’s only the trial date that’s pending, the State has made reasonable progress.
“There are no changed circumstances and the duo remains unsuitable for bail,” she said.
Allegations are that the two, through their company Juluka Projects and Plant Hire, placed a bid among other companies for rehabilitation of street lighting in Harare ahead of the SADC summit.
The invitation to tender document by the City of Harare stipulated that all the prospective bidders must have among other requirements, stamped audited financial statements for the last two years.
They also needed to have proof of payment for special procurement oversight committee (SPOC) administration fee, specific work history (experience) with the City of Harare in relation to a similar project, NSSA Certificate of Compliance, a ZIMRA Compliance Certificate, among other things.
On 19 April, the City of Harare Evaluation Committee awarded Syvern Investments, Exodus and Company, Ship Tracks and Onel Engineering the tender to rehabilitate eight of the ten lots.
Juluka was disqualified after failing to meet the tender requirements.
However, the City of Harare went on to invite Juluka to submit a fresh bid and the duo responded by submitting a bid document containing some false statements.