HIGH Court judge Justice Pisirayi Kwenda yesterday said the
infamous Drax International COVID-19 tender scam, which has led to the arrest
of Health minister Obadiah Moyo for criminal abuse of office, was too hazy and
suspected the company’s local representative Delish Nguwaya was withholding
critical information on how he clinched the deal without following formal
tender procedures.
Justice Kwenda made the remarks during Nguwaya’s bail hearing
following his arrest two weeks ago on charges of fraudulently getting the US$60
million COVID-19 medical and equipment supply deal.
Before he deferred bail ruling to next Wednesday, Justice
Kwenda said the way the controversial deal was concluded was opaque.
Nguwaya was arrested a fortnight ago after he allegedly
misled government into believing that his company Drax International, also
known as Drax Consult SAGL, was a medical firm and could supply COVID-19
equipment to the Health ministry.
During the bail hearing, Justice Kwenda asked Nguwaya’s
lawyer Tafadzwa Hungwe to enlighten the court on how the government ended up
signing a contract with Nguwaya’s firm well knowing that his company was simply
a consultancy firm.
The judge said the whole Drax International issue was not
being clearly examined because there were signs of interference with key
witnesses in the matter.
“This case is clouded by mist, I cannot properly follow.
The circumstances of this matter speak to some interference with information …
Something is wrong, but again, it is not clear,” Justice Kwenda said.
“The facts tend to speak to hesitation by key witnesses to
make some disclosures … The State says if it had known that Drax International
was not a drug manufacturing company, it would have not signed a contract
agreement … You see, something is not clear, the whole thing is hazy.”
He added: “We know what procurement procedures were
supposed to be followed, that is clear according to the Constitution.
“But there was lack of adherence to what the Constitution
says … the witnesses are reluctant to deal with real issues, which is already
an interference … Why would government officials fail to follow procurement
procedures?
“The key witnesses themselves are not telling us what is
wrong. Some information is being withheld and I can only assume that it is him
who is withholding the information.”
Hungwe defended Nguwaya’s position saying he simply
followed what he was ordered to do by government officials involved in the
signing of the deal.
“If there is anyone hiding information in this matter, it
is not my client, but the government employees especially the permanent
secretary for Health,” said Hungwe, who was being assisted by Ashiel Mugiya.
He said his client was a suitable candidate for bail,
adding he had disclosed that his firm was into consultancy, and not a drug
manufacturer as alleged by the State.
The State alleges that Nguwaya lied that Drax International
was a Swiss-based medical firm, whereas it later emerged that it was only a
consulting company with no experience in the manufacture of medicines.
State representative Tapiwa Mapfuwa, who was being assisted
by Lancelot Mutsokoti, urged the court to deny Nguwaya bail, saying
extra-territorial investigations were still ongoing. They expressed fear that
Nguwaya could interfere with investigations if granted bail.
But Nguwaya’s lawyers challenged the State’s assertion,
saying the government did not lose anything in monetary value since the drugs
were supplied and the other contract cancelled. Newsday
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