The National Prosecuting Authority of Zimbabwe (NPAZ) has applied to the High Court seeking an order to forfeit properties that include houses and residential stands valued at millions of dollars belonging to the estate of late businessman Dr Nkululeko Sibanda, alleging they were acquired through proceeds of crime.
The Sunday Mail reports that Dr Sibanda, widely known as “Twalumba” in business and
social circles, is accused of amassing wealth through irregular tenders for
road rehabilitation.
He reportedly siphoned around $11,8 million from the
Government.
The late businessman and former Zimbabwe National Road
Administration (Zinara) chief executive officer Mr Frank Chitukutuku allegedly
connived to award contracts to the former’s companies.
The NPAZ has already seized several properties belonging to
Mr Chitukutuku, including two upmarket houses and luxury vehicles, after the
High Court ruled that they were tainted properties.
The Prosecutor-General’s Office, represented by chief law
officer Mr Chris Mutangadura, contends that Dr Sibanda’s companies — Notify Enterprises, Twalumba Civil,
Transtar Enterprises and Arttechards Enterprises — received payments for
non-existent or incomplete contracts.
Notify Enterprises, Twalumba Civil, Transtar Enterprises
and Arttechards Enterprises, the Master of the High Court and Dr Sibanda’s
widow Miriam were cited as respondents.
“Through the illegal transactions and working in connivance
with Zinara chief executive officer, the first, second, third and fourth
respondents caused actual prejudice to Zinara amounting to US$11 804 975,39,”
reads the application.
“This was done through receiving payments for non-existent
contracts, non-authorisation for upward variation of the value of the
contracts, non-completion of the work of regravelling, constructing roads and
bridges, and rehabilitation and surfacing of roads for the stated local
authorities.
“During the period extending from 2009 to 2018, the
companies and directors Miriam Sibanda and the late Nkululeko Sibanda acquired
several immovable properties through illegal activities (after) being awarded
contracts with the local authorities to construct roads and bridges.”
It is further alleged that Dr Sibanda, as one of the
directors of first, second, third and fourth respondents, worked in connivance
with Mr Chitukutuku to influence contracts awarded to these companies as
contractors to local authorities for the rehabilitation of roads and
construction of bridges.
“Investigations carried out at the Master of the High Court
established that the immovable properties for the estate of the late Nkululeko
Sibanda were valued at US$1 165 000, as per evaluation carried out in 2015.”
NPAZ believes, through connivance with Mr Chitukutuku,
Zinara engineer Givemore Kufa, finance manager Thomas Mutizhe and then-Umguza
Rural District Council chief executive Collen Moyo, Dr Sibanda’s Notify
Enterprises siphoned more than US$3 million from the road authority.
The company was awarded a US$2 million tender to regravel a
31-kilometre stretch of llitshe Road that links Umguza and Bubi in Matabeleland
North province.
The project also involved constructing a bridge across
Umguza River, along the same road.
At a later stage, Mr Patson Mlilo, who was Bubi Rural
District Council chief executive officer, reportedly joined the “syndicate”,
since his local authority was to benefit from the same project, and helped
award a US$1,6 million tender to Dr Sibanda’s company.
Despite receiving payments, no significant work was
completed, and Zinara was allegedly prejudiced of US$3,2 million.
In another instance, in 2011, Twalumba Civil was awarded
US$1,5 million to construct 40km of a road in the Bindura central business
district but completed only 10 percent of the work.
Zinara paid US$1 488 501 for the project.
During the same year, Zinara also awarded Twalumba Civil a
contract for the Pote Bridge and Mumurwi Road project valued at US$4,3 million.
However, the company only completed 45 percent of the work,
despite receiving US$2,4 million.
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