By: ZACC Commissioner John Makamure Spokesperson
ZACC has arrested three Zvishavane Town Council officials, Town Secretary Tinoda Mukutu (53), Housing Director Nhlanhla Ngwenya (44) and Town Engineer Dominic Mapwashike (44) for flouting tender procedures and awarding the same contract twice to a company that had failed to fulfill the terms of the first contract.
The trio who have already appeared in court, also allegedly renewed the agreement with JM Construction without a council resolution.
Allegations against the three are that, sometime during the year 2016, Zvishavane Town Council entered into a Partnership Agreement with Monitor Enterprises trading as JM Construction, a land developing company, for the servicing of 27 Central Business District extension stands in Zvishavane valued at US$2 772 258-31. JM Construction won the Partnership Agreement after competing in a tender process that was flighted by the Town Council.
However, the Partnership Agreement’s 2-year time frame lapsed before JM Construction had completed the agreed works.
That eventually led to the termination of the Partnership Agreement by the Town Council. A notice of cancellation of the Partnership Agreement was served to JM Construction by the Town Council’s Lawyers Chigariro, Phiri and Partners Legal Practitioners on the 1st of October 2018.
When the Partnership Agreement made between Zvishavane Town Council and JM Construction was terminated, the Town Council was supposed to start afresh the tendering process wherein it was supposed to flight an advertisement in the local press inviting bids to continue with servicing of the said stands mentioned above.
However, on 17 December 2019, the accused persons acting in connivance and contrary to and inconsistent with their duties as the accounting officer in relation to accused (1) and as Head of Departments in relation to accused (2) and (3) clandestinely negotiated and handpicked JM Construction again to continue with the contract.
They entered into another new Agreement with new conditions for the continued servicing of the 27 stands with JM Construction without a council resolution and without going through the tender process.