HARARE – Former Harare town clerk Tendai Mahachi has been acquitted after trial for allegedly prejudicing the Harare City Council of US$80 million through hiring a foreign firm to undertake some roadworks in the city without going to tender.

Mahachi had been accused of engaging Augur Investments to perform some construction and upgrading of the Joshua Mqabuko Nkomo Expressway in Harare.

According to prosecutors, the former city boss, together with Michael Mahachi corruptly signed a Memorandum of Agreement with Augur Investments without going to tender.

The alleged crime was committed on May 30, 2008.

Following trial, Harare magistrate Vongai Muchuchuti cleared the former town clerk of any wrongdoing, ruling that the state had failed to sufficiently explain his duties as town clerk.

Muchuchuti also said state witnesses did not help the case either citing a Dr Mafoti, one of the council executive committee members, in fact exonerated Mahachi during trial.

“Dr Mafoti who was one of the executive committee members clearly exonerated all the accused persons regarding the charges at hand.

“He conceded that the executive committee which sat on the 18th of June 2007 which meeting he chaired is the one which passed resolutions relating to the formation of a Joint Venture company between Augur and City of Harare for the upgrading and construction of the Airport Road,” said Muchuchuti.

Mahachi, who was represented by Admire Rubaya, had denied wrongdoing.

Rubaya argued during trial that his client was not the one who engaged Augur Investments.

He said it was a collective decision made by the council’s executive committee which was running the affairs of Harare at the time.

The lawyer said the city executive committee had delegated authority from the Commission to the extent that the entering of the City of Harare and Augur Ltd (Ukraine) into a joint venture partnership for the provision of middle-income housing and hotel development at Warren Hill Golf Area, Hopley Commercial area and develop Mukuvisi Phase 1 incorporating, Airport Road.

Rubaya also argued that the MOU was not entered into by Mahachi, but he signed it on the instruction of the City of Harare’s ultimate authority then.

“It is critical to state that the accused person was just an employee of the City of Harare and was not a member of the executive committee, the commission and or the council which in turn would ordinarily make the decisions on whether to engage any service providers or not.

“The accused person cannot possibly be found to be criminally liable regards signing documents on behalf of council; Moreso, where there is an enabling resolution to that effect.

“He was just like a spectator but now he is being asked to account for the decision to enter into the Memorandum of Understanding in circumstances where he was not part of the decision-makers,” Rubaya argued during trial.

Rubaya also told court that the committee engaged the firm and formed a joint venture company and that the project even became national hence there was no need to go to tender.

“The decision to engage was not made by the accused person for he did not have a vote in the Executive Committee meeting dated the 18th of June 2007.

“The accused person was never a member of either the Executive Committee. Neither was he ever a member of the Commission which was running the affairs of the City of Harare.

“The accused person had no voting rights thus he did not make any decisions,” his lawyer argued.