IN a decision that resonates with Government’s stance of curbing corruption, the Supreme Court has confirmed the forfeiture of a Ruwa house belonging to former Parirenyatwa Hospital pharmacy stores controller Russell Tatenda Mwenye, which is believed to have been built from proceeds of sleaze.
Mwenye is facing corruption charges after he ordered
supplies at inflated prices from a company he was connected with.
The High Court, a year ago found there was a probable chain
of links connecting the acquisition of the property to the inflated prices of
the successful supplier before ordering its forfeiture to the State.
Parirenyatwa Hospital reportedly lost US$500 000 and more
than $600 000 after Mwenye allegedly flouted the tender procedures and offered
Silksilver Investments (Pvt) Ltd the tender to supply medical sutures on many
occasions.
He then allegedly used the proceeds generated by the awards
to build a house in Mabvazuva, Ruwa.
The High Court granted an application for civil forfeiture
brought by Prosecutor-General Kumbirai Hodzi against Mwenye and his wife
Rutendo Vera.
Mwenye and Vera appealed to the Supreme Court seeking to
save their property from forfeiture.
Supreme Court judges Justices Susan Mavhangira, George
Chiweshe and Felistus Chatukuta yesterday unanimously dismissed the appeal
after hearing arguments from both parties, putting an end to the forfeiture
issues.
The head of the Asset Forfeiture Unit at the National
Prosecuting Authority, Mr Chris Mutangadura, successfully crashed the grounds
of appeal, resulting in the three judges dismissing the challenge.
The Supreme Court being the highest court of appeal, the
house is now indisputably the property of the State.
The forfeiture application was made in terms of the Money
Laundering and Proceeds of Crime Act.
In a civil action, proof is based on the balance of
probabilities, a lower hurdle than the proof beyond reasonable doubt required
in a criminal trial.
In granting the order for civil forfeiture, High Court
judge Justice Benjamin Chikowero traced Mwenye’s “hidden hand” starting with
the corrupt placement of the order to procure the medical sutures from
Silksilver.
Government, through the National Development Strategy 1
(NDS1), emphasises the importance of promoting good governance and its key
principles of transparency and accountability.
A corruption-free Zimbabwe attracts investors and makes the
country a safe investment destination with a view to achieve an upper-middle
class status by 2030.
Asset forfeiture is at the centre of the National
Anti-Corruption Strategy launched by President Mnangagwa in July last year.
Mwenye’s link to Silksilver, its decision making structure,
control of its finances and the property in question became manifest once
Parirenyatwa Hospital terminated his employment.
The court noted that Mwenye’s wife occupied the position of
administration officer at the company.
Silksilver Investments (Pvt) Ltd participated in the
bidding process and lost, so in the lawful course of things, Parirenyatwa
Hospital should have bought the medical sutures from Flancon, which had won the
tender, but this was not the case.
For reasons which the court said could only be attributed
to corruption, Silksilver, the losing bidder, supplied the sutures at a cost
which was more than double what Flancon had charged.
Parirenyatwa Hospital paid US$86 381 for the sutures and
the money was paid into Silksilver’s CABS account.
Silksilver allegedly supplied the hospital group on 98
separate occasions and was paid US$477 801 and $621 554 in local currency.
Charges against Mwenye arose in March 2016 when
Parirenyatwa Hospital flighted a tender requesting bids for the supply and
delivery of surgical sutures.
After the hospital’s tender committee carried out due
processes, it awarded the tender to Flancon Investments (Pvt) Limited, the
cheapest of the bidders.
Order forms were then reportedly raised by the procurement
department and forwarded to the pharmacy department for recommendations by
Mwenye before they were to be passed to the hospital’s chief pharmacist for
approval.
But Mwenye allegedly did not action the papers and waited
until surgical sutures stocks went critically low, creating an unnecessary
emergency in the process.
Mwenye then assigned Yvonne Mudimu, a section head in the
surgical and sundries department, to make a direct purchase of the sutures from
Silksilver Investments for US$86 381 without going to tender.
Silksilver Investments had bid for the tender, but failed
to meet the specifications required.
A surgical suture is a medical device used to hold body
tissues together after an injury or surgery.
Herald
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