FORMER Zinara chief executive officer, Saston Muzenda, was yesterday convicted of violating tender procedures and awarded an undeserving security company to offer its services at the expense of two other firms that had been awarded the job.
Muzenda was convicted after trial which was heard before
Harare regional magistrate Mrs Feresi Chakanyuka charged with criminal abuse of
office as a public officer.
He was found guilty of allowing an Ex-Combatants Security
company to provide its services to ZINARA when the Board had already given
Modern Security and Real Star Security companies the same job.
Muzenda is expected back in court today for his mitigation
submissions.
In her judgment, Mrs Chakanyuka said there was no
justification of Muzenda awarding the tender to Ex-Combatants when the Board
had already contracted Modern Security and Real Star. The court also noted in
its judgment that Muzenda defied the Board’s directive of finding another way
to deal with Ex-Combatants, since he was directed to deal with it amicably.“It
is clear that he was directed to deal with the matter amicably and he had other
options even to pursue a civil route. He then decided to take an unlawful
route,” said Mrs Chakanyuka.
The State led by Mrs Netsai Mushayabasa and Mrs Sheila
Mupindu proved that in June 2019, Modern Security and Real Star Security
companies were awarded tenders to provide services in Zinara’s northern and
southern regions starting from September 1 of the same year.
During that period Ex-Combatants and National Eye
Security’s contracts were expected to end on August 31, 2019 before Modern
Security and Ex-Combatants Security took over.
Muzenda, who was acting ZINARA CEO, had already allowed
Ex-Combatants Security to add security guards in areas that were manned by
National Eye Security, when he assumed the post.
In a bid to cover his back, Muzenda wrote to the then
Procurement Regulatory Authority seeking an extension of services from
Ex-Combatants Security.
However, the authority asked Muzenda for the contracts and
he responded saying he had already awarded the tender to the security company,
extending its contract by 12 months.
Muzenda’s actions showed bias against Modern Security and
Real Star security companies, which was against the tender procedures.
During the trial, Muzenda denied the charges saying the
security companies were already embroiled in contractual disputes when he assumed
the position of CEO at Zimbabwe National Roads Administration.
He told the court that there was a committee set up to deal
with the contracts of the security companies.
“When he was seconded to Zinara on the 10th of June 2019,
Ex-combatants and Zinara were already in a contractual dispute.
“There was a board ad hoc committee which was dealing with
the matter and when the contract of Ex-combatants’ security company expired on
the 31st of August 2019, Ex-combatants refused to vacate the premises citing
contractual dispute.
“On the 17th of September 2019, the board resolved that the
contract of Ex-combatants be extended by one year to avoid litigation.
“In all the actions accused acted with the full mandate of
the board of directors and the extension of the contract was well within his
discretion as the chief executive officer,” the lawyer said.
Muzenda said by the time the contract was extended, he and
the board were not informed that the tender processes had been concluded.
“So it is not correct to say that the accused disregarded
the tender processes” his lawyer said. Herald
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