HARARE – A Harare magistrate on Monday dismissed an application that had been filed by jailed businessman Mike Chimombe who was challenging a decision by prosecutors to include his name in a case in which business partner Moses Mpofu stands accused of fraudulently securing a US$9 million streetlights tender from the Harare City Council.

Magistrate Stanford Mambanje said he was convinced that Chimombe played a major role in the scam and should, thus, stand trial.

“The court has no doubt that the State has revealed everything necessary and it has shown how the crime was committed.

“All the requisite of a remand have been satisfied; there are enough facts for the accused to be placed on remand,” ruled the magistrate.

Mambanje said the fact that Chimombe signed as a witness when Juluka Enndo Joint Venture was awarded the tender places him at the centre of the controversy.

“The signing culminated into them being given a contract and a part payment,” noted the magistrate.

Chimombe last week took the state to task challenging prosecution to prove how he is linked to the scandal. Business colleague, Mpofu is the main suspect in the alleged crime.

Chimombe was arrested by officers from the Zimbabwe Anti-Corruption Commission (ZACC) at a time he was already languishing in remand prison together with Mpofu over a botched goat supply tender.

Through his lawyer Ashiel Mugiya, Chimombe said he has nothing to do with the streetlights deal and went on to challenge his placement on remand.

He argued that he was neither an employee nor director of Juluka Enndo Joint Venture, the company at the centre of the corrupt deal.

Appearing for the State, Anesu Chirenje told the court that the business partners criminally misrepresented facts when they submitted their list of previous works for consideration for the tender.

“The accused submitted in their bid that they had the specific required experience document that they related to streetlighting by falsely submitting that they hand undertaken light bulb installations in Harare Central Business District (CBD).

“They also falsely submitted that they had done Christmas lights installation for the City of Harare.

“Further, the accused misrepresented that they were compliant with the requirements of the general regulations which required the payment of special procurement oversight committee fee of US$400 by submitting in their bid document receipt they had used in their earlier bid which had been disqualified.

“They also submitted a bid security obtained on March 26, 2024, which they had also earlier used in the previous unsuccessful tender.

“They further proceeded to submit audit documents which they claimed were done by a consultancy company, which investigations revealed was unregistered.”

The State alleges that after the awarding of the tender, Mpofu signed the required documents as the managing director of the company, Juluka Enndo and Chimombe appended his signature as a witness to unlock US$260,000 which they received as part payment.

“By so doing, the accused persons knowingly submitted documents containing false statements … or realising that there was a real risk or possibility that it may do so intending to deceive City of Harare or realising that there was a real risk or possibility that city of Harare may be deceived by their use of the documents,” said the state.