President Emmerson Mnangagwa has not formally withdrawn the controversial legal instrument that sought to hide the Health and Child Care ministry’s procurement processes with new information indicating discord in government over the move.
In an unprecedented move, Mnangagwa last week distanced
himself from the gazetting of General Notice 635 of 2023 on May 5 with the
President’s Office saying it was done without his approval.
The notice declared that procurement of certain equipment
and services by the Health ministry headed by Vice-President Constantino
Chiwenga were of national interest and must not be publicly disclosed.
These included construction equipment and materials,
biomedical and medical equipment, medicines and drugs (pharmaceuticals),
vehicles including ambulances, laboratory equipment and accessories.
Hospital protective equipment and repairs as well as
maintenance services of hospital equipment
and machinery were also covered by the notice.
It has since emerged that government officials rejected an
adverse report on General Notice 635 of 2023 by attorney-general Prince
Machaya, who said the legal instrument would not pass a constitutional test.
The Government Gazette published on Friday did not contain any information indicating that the
notice has been withdrawn.
It, however, contained a tender by the Health ministry for
the supply of tiles at Aids and Tuberculosis (TB) offices, office
furniture, TB prevention therapeutic
(TPT) registers, branded floppy hats and branded sling bags as well as
collection and disposal of liquid waste and cartridges.
Former Cabinet
minister Welshman Ncube, who is also a constitutional lawyer, said General
Notice 635 of 2023 remained law until it was repealed.
“It is law until another gazette is published revoking it,”
Ncube told The Standard yesterday.
Cabinet’s chief secretary Misheck Sibanda said an
investigation would be undertaken to uncover how the notice was gazetted
without following due processes.
He never mentioned when another gazette would be issued
withdrawing the earlier notice.
The Standard was informed that Machaya had issued an
adverse report against gazetting the controversial notice, but he was forced to
withdraw it following fierce resistance from top echelons of government.
“Machaya explained that the statutory instrument will not
pass a constitutional test but he was given a severe tongue lashing and forced
to withdraw the adverse report,” said a source in the ministry of Jutice.
The source claimed that
Mnangagwa only became aware of it
after a public outcry.
“Some people are now smearing the name of President
Mnangagwa claiming that he was the one who forced the publication of the SI.
“But it is clear where the controversial SI originated from
as it is the responsibility of line ministries to gazette such regulations with
the assistance of the AG,” he said.
“The list of goods and services in the SI is very clear
that it is health-related and only the line ministry can publish such
regulations.”
Another source said the controversial SI has deepened the
mistrust between Mnangagwa and Chiwenga.
“You saw that the likes of George Charamba (presidential
spokesman) were quick to absolve Mnangagwa saying the president was not in the
country when the SI was gazetted,” said the source.
“Anyone can put two and two together and conclude that the
blame is being put on Chiwenga yet it can also be possible that the process of
gazetting the SI was put in motion when the president was still in the country
with the publication only being done when he was in the UK.”
The proposed law has been condemned as a conduit to cover
for looting in the ministry.
The Health ministry has been hit by massive corruption
scandals since Mnangagwa assumed office.
In 2020, Mnangagwa was forced to expel then Health minister
Obadiah Moyo, following a public outcry after he was exposed over his
involvement in the US$60 millon Covid-19 scandal.
The president's family was also dragged into the scandal
following the involvement of businessman Delish Nguwaya who represented a
company known as Drax.
Nguwaya has been pictured at events at State House.
In 2021, the director of epidemiology and disease control
in the Health ministry Portia
Manangazira was arrested after she allegedly authorised the procurement
of goods worth US$280 000 without following due processes.
On Friday, permanent secretary in the Justice ministry
Virginia Mabhiza, confirmed that Machaya was handling matters related to the
controversial gazette, but refused to be drawn to comment on claims that the
attorney general had earlier criticised it as unconstitutional.
“I suggest that you talk to the AG himself as he may be in
a better position to comment since he was the one handling the issue,” Mabhiza
said in a telephone interview.
“It (gazette) did not come directly to my office to the
best of my knowledge unless it was sent to the minister (Ziyambi Ziyambi). I
was not involved.”
Ziyambi was not answering his mobile phone on Friday and
yesterday.
Charamba was not answering his mobile phones. Information
minister Monica Mutsvangwa referred questions to Charamba.
Machaya refused to comment saying he could not speak on
behalf of government unless authorised to do so.
“You know I am the government lawyer and I cannot disclose my client’s information,”
Machaya said on Friday.
“I cannot comment whether positively or negatively because
that information is covered by client confidentiality.
“Unless I am cleared by my client; I cannot speak on their
behalf.”
He added: “Some people think I am just like another
government department, yet I am a government lawyer and I cannot talk about
their information.”
First lady Auxillia Mnangagwa is the Health ministry
ambassador and there were fears that the General Notice 635 of 2023 may be used by the first family to dip into
the coffers of the ministry. Sandard
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