BY CHARLES LAITON

Businessman Wicknell Chivayo, who is embroiled in an impasse with the Zimbabwe Power Copany (ZPC) over a US$5 million Gwanda solar power project, has approached the High Court seeking to rectify a record of appeal.

The record was prepared by the Registrar of the High Court and submitted to the Supreme Court for determination.

In his chamber application filed on Monday this week, Chivayo accused the Registrar of having forwarded the court record without his affirmation as required by law.

“This is an application for the rectification of the record of appeal prepared by the Registrar of the High Court in respect of the appeal by the first respondent (Intratrek Zimbabwe) pending at the Supreme Court under case number SC422/2019. The said Registrar subsequently forwarded the said record of appeal to the Supreme Court without the applicant’s affirmation as required by rule 17(11) of the Supreme Court Rules, 2018. This followed the applicant’s protestation at the inspection of the record that the same was not adequate for its intended purposes,” Chivayo said.

“A copy of the record, the rectification of which is sought, herein is attached in whole as Annexure A. It will be immediately noted that the joint certificate of the Registrars has not been executed, and that at record page (i) the applicants have not affirmed the record. The applicants seek the rectification of the record of appeal by the inclusion of the documents that the learned judge had regard to by reference to related matters. It is important that such documents be part of the record.”

According to court papers, sometime this year, Chivayo and his company appeared at the Harare Magistrates Court for trial on charges of fraud and contravening the Exchange Control Act.

When he made an application for exception to the charges, provincial magistrate Lazini Ncube dismissed the application, prompting Chivayo and his firm to approach the High Court for a review.

It was after the review that High Court judge Justice Owen Tagu acquitted Chivayo and his firm, a decision which did not go down well with the Prosecutor-General (PG) Kumbirai Hodzi, who then appealed to the Supreme Court.

In his appeal, the PG said: “The honourable judge (Justice Tagu) misdirected himself in finding that the facts do not disclose an offence of fraud when it was apparent from the State outline that the Respondents (Intratrek and Chivayo) misrepresented to the ZPC finance director that a total of US$5 624 130 had been paid to subcontractors for a feasibility study and pre-commencement work on the Gwanda project when such money had not been paid to subcontractors and when, in actual fact, the respondents had used the money for their own benefit to the prejudice of ZPC”.

The matter is still pending.

BY MOSES MATENGA

FINANCE minister Mthuli Ncube yesterday said President Emmerson Mnangagwa’s administration has been unlucky as some of its strategies to address the economic challenges bedevilling the country had been hampered by natural disasters.

Speaking at the Zimbabwe National Chamber of Commerce 5th Annual Business Review Conference in Harare yesterday, Ncube said despite having “perfect” reform policies to turn around the economy, the administration had been hard hit by natural disasters that include Cyclone Idai and drought, which have affected several sectors, including energy and agriculture, among others.

“We are an economy in transition, we are an economy in reform so we will get there. We have been unlucky. Who gets two cyclones in one year? And the impact has been severe,” Ncube said.

He said government was very optimistic before disaster struck, adding that what be devilled Zimbabwe was a classic example of being unlucky.

“Before long, we began to feel the impact of drought. Who gets a cyclone, and then another, then drought then power outages? That is a classic example of being unlucky,” Ncube said.

He said the tragic developments affected government projections in the agriculture and energy sectors and the country had not fully recovered from the effects.

Ncube, however, declared that austerity was now over and focus for the country was to maximise on production.

“Austerity is over,” he declared, but added that government would, therefore, not spend recklessly.

Energy minister Fortune Chasi said the energy sector remained in a crisis, adding that although he had been in the portfolio for months, it was as if he had been there for decades because of pressure.

“The situation remains critically constrained. Failure will lead to close of businesses,” Chasi said as he painted a gloomy picture of the energy situation in the country. He attributed the challenge to climate change.

“Our neighbours in South Africa and in Zambia are facing the same problem. We need a balance between supply and demand,” Chasi said, while threatening to push for a 30-year mandatory sentence for thieves vandalising energy infrastructure.

Mnangagwa told the gathering not to paint a negative picture of Zimbabwe to the outside world so as to attract investment.

“You must motivate international investors to come. If you go out there and say Kariba is dry and there is no electricity, are you marketing this country, saying the opportunities of electricity in Zimbabwe are galore?” he asked.

“We have a lake called Kariba, which can fill up anytime and we have 1 000 megawatts. We have thermal coal, we have sunshine from the 1st of January to the 31st of December.”

Urging people to work together to address the challenges Zimbabwe is facing, Mnangagwa said: “We are stronger working together, more brains or fewer brains, those with a vision and those without, let us all be one.”

Government has failed to turn around the economy for the last two years Mnangagwa has been in power and often attributes that to sanctions, among other excuses.

BY MOSES MATENGA

THE cash-strapped Harare City Council said companies that owe the local authority should pay their dues without fail to allow the local authority to provide much-needed service delivery.

Several companies were named as owing the local authority millions of dollars, with the ruling Zanu PF party identified as one of the debtors, owing the authority more than $1,2 million.

Other debtors include the Prophetic Healing and Deliverance Ministries, which is yet to pay close to $400 million, the Robert Gabriel Mugabe International Airport, the National Social Security Authority (NSSA), Norton Town Council, Chitungwiza Town Council, and National Railways of Zimbabwe.

Council’s human resources committee chairperson Jacob Mafume said there was need to develop a culture of paying debts in the city.

“We need to develop a culture where we pay our rates as a nation. Companies and individuals owe council a lot of money yet they expect services from the same council,” he said.

“We have to foot the bill. We want a liveable city for the next generation and we cannot do that when we are not paying our rates. This is delinquent behaviour and it must stop,” he said.

Among companies that owe the local authority is Zanu PF’s holding company M&S Syndicate (Pvt) Limited, which owes Harare $1 189 768,30 for unpaid water bills at its 15-storey building located in the capital.

Chitungwiza Town Council owes the local authority $414 292 856,77, while Norton Town Council is yet to settle a $4 million debt.

Government entities such as NSSA, NRZ and Telecel are also in the top debtors’ list that also includes Crest Breeders, Irvine’s Day Old Chicks, Simon Muzenda Housing Co-operative, Caps (Pvt) Ltd, among others.

The District Development Fund is also part of the debtors along with the Forestry Commission, Amalgamated Motor Corporation and TN Harlequin Luxaire T/A TN Bank Mall Nelson Mandela.
Harare is owed more than $1 billion by business, government and residents and has been battling to provide services in the city due to the ballooning debt.

BY CHARLES LAITON

MDC Alliance MPs have approached the High Court challenging Speaker of the National Assembly, Jacob Mudenda’s decision to bar them from receiving their sitting allowances.

The 112 MPs are arguing there is nothing in the Constitution of Zimbabwe or in the Standing Rules and Orders which requires legislators to stand up when the President enters or leaves the Parliament chamber.

The legislators, who have since the July 2018 general elections refused to recognise President Emmerson Mnangagwa’s victory, said they wanted the court to declare Mudenda’s decision unlawful and of no force and effect.

In the application, the opposition party together with its chief whip, Prosper Mutseyami, cited Mudenda, Finance minister Mthuli Ncube and Parliament of Zimbabwe as respondents.

“We contend that the first respondent (Jacob Mudenda)’s action ordering that the second to one hundred and eleventh applicants (MDC Alliance members) should not be paid their sitting allowances is unlawful. As submitted in our letter, we contend that the first respondent has no powers to dock Members of Parliaments’ sitting allowances or prevent them from receiving their sitting allowances,” Mutseyami said.

In his founding affidavit, Mutseyami, who is also the opposition party’s Manicaland provincial chairman and the Dangamvura-Chikanga legislator, said they were also seeking an order compelling Ncube to pay the sitting allowances due to all the legislators who were affected by Mudenda’s decision.

According to Mutseyami, on October 1, 2019, Mnangagwa was scheduled to address the joint sitting of Parliament in terms of section 140 of the Constitution.

However, when Mnangagwa entered the Parliament chamber, some of the MDC Alliance MPs remained seated, a move that prompted Mudenda to take drastic measures against them.

“There is nothing in the Constitution of Zimbabwe or in the standing Rules and Orders which requires Members of Parliament to stand up when the President of Zimbabwe enters or leaves the Parliament chamber. When the President of the Republic of Zimbabwe was about to give his speech, first applicant’s members (MDC Alliance) who are Members of Parliament and who comprise second to one hundred and eleventh applicants walked out of the Parliament chamber,” Mutseyami said.

“The reasons for the walk-out, among others, were as follows: First applicant and its members contest the fact that the President of Zimbabwe was properly duly elected to the office of the President. First applicant thus contests the President’s legitimacy. Applicants were also demonstrating against the country’s economic meltdown, which the President is not addressing. These include the ever-rising cost of basic commodities such as bread, mealie-meal, cooking oil, fuel and electricity, hyper-inflation, continued violation of human rights as evidenced by the clampdown on freedom of assembly and association, labour rights, kidnappings and disappearances.”

The matter is pending.

BY MOSES MATENGA

The Zimbabwe National Road Authority (Zinara)’s acting chief executive officer Saston Muzenda resigned recently amid reports that operations at the troubled parastatal have been affected by interference from the board.

Muzenda was under fire for allegedly illegally going against the decision of a disciplinary committee he set up to probe workers suspected of fraud at different tollgates, but were cleared.

The chief executive officer, at the instigation of the board, allegedly overrode the decision of the committee and called for the workers’ dismissal.

“He tendered his resignation and a farewell (party) was held last week. He is gone,” a source at the institution said.

Some senior workers in the finance and tolling division, audit, information communication technology, administration and other departments tendered their resignations recently, but Transport and Infrastructural Development minister Joel Biggie Matiza said the resignations were welcome as they were part of a cleansing exercise at the corruption-ridden parastatal.

“He is now back at the ministry,” another source said.

Muzenda was not available for comment while Zinara board chairperson Michael Madanha’s phone went unanswered yesterday.

The former Zinara boss is said to have left a trail of destruction at the troubled institution amid fears that more workers will not have their contracts renewed in January.

“Eyebrows have been raised over his reassignment. Others felt he was not happy with the board’s interference with operations while some said he was forced out.”

Zinara board deputy chairperson Runyararo Jambo resigned in October amid allegations he was not happy with the handling of tenders at the institution.

He said his resignation was due to “personal and professional reasons”.

Reports indicate that Jambo was unhappy with some tender processes after the board was allegedly arm-twisted to award a tender to Ex-Combatant Security Services whose directors include former Energy deputy minister Tsitsi Muzenda.

BY Richard Muponde/ Rutendo Matanhike

GOVERNMENT has baulked to pressure and re-introduced price controls on mealie-meal, pegging the retail price of a 10kg bag of roller meal at $50 after announcing a new subsidy on maize meal.

Grain millers had raised the price to $101 after government scrapped the maize meal subsidy during the 2020 national budget presentation three weeks ago.

Finance and Economic Development minister Mthuli Ncube announced the price control of maize meal yesterday morning.

“As you may be aware, His Excellency the President, (Cde) ED Mnangagwa, announced that subsidies on maize had been restored in order to cushion the vulnerable groups of our society from the negative impact of increases in basic food prices,” he said.

“In this regard, the new subsidy model will, therefore, target the production of roller meal, resulting in the retail price of $50 for a 10kg bag.”

The subsidy on maize meal was restored by Mnangagwa while addressing a Zanu PF youth rally in Kadoma last week to ensure citizens have access to cheaper basic foodstuffs and cushion them against the obtaining economic challenges.

Meanwhile, Grain Millers Association of Zimbabwe (GMAZ) chairman Tafadzwa Musarara yesterday said following an agreement with government on maize meal subsidies, 40 000 tonnes of the grain had been allocated towards the production of the much-needed commodity.

Speaking at a Press conference in Harare, Musarara said the association’s membership across the country had commenced the production of maize meal.

“Grain millers welcome the grain subsidy which follows an announcement by President Emmerson Mnangagwa two days ago that subsidies would be reinstated, but, of cause, the question was how this would be done,” he said.

“We are glad to advise that we have successfully completed and agreed with the Ministry of Finance on the application of the subsidies specifically on 10kg roller meal. All modalities are in place to ensure that the subsidies are accounted for and that it is effectively applied and benefits the consumer. This morning, we mobilised our membership countrywide to commence production of maize meal.”

Musarara said subsidised maize meal was expected to be on the market before the Christmas holiday.

“Forty thousand tonnes of maize have been allocated for that purpose in order to produce 32 000 tonnes of maize meal for the country. In a few days, the product should be there as well as we head towards Christmas,” he said
Zimbabwe consumes 120 000 metric tonnes of maize meal per month.

BY VENERANDA LANGA

GOVERNMENT yesterday distanced itself from recent statements by Defence deputy minister Victor Matemadanda, who claimed that human rights lawyer Doug Coltart was paying doctors to stay away from work.

Justice minister Ziyambi Ziyambi told Senate that Matemadanda was not a government spokesperson.

“My response is that government has one spokesperson which is the Minister of Information, Publicity and Broadcasting Services,” Ziyambi said.

“Whatever Matemadanda said depends on which platform he said that, but our Constitution gives him the right to say whatever he wants, but that is not official government channels or information signed by the Information minister.”

Masvingo senator Tichinani Mavetera (MDC Alliance), who is also a medical practitioner, then asked Ziyambi to explain government policy in solving the doctors’ job action and whether President Emmerson Mnangagwa was aware of the real issues concerning doctors because after meeting with Catholic bishops, he had given a moratorium and said doctors must return to work.

Mavetera suggested that the President was being misinformed of the real reasons that had forced doctors to go on strike.

But Ziyambi declined to comment on whether the President was well-informed of the reasons of the strike, saying that it was not a policy question.

“On the second part of your question, the doctors went on strike and negotiations were ongoing. There was no agreement and they went to court, but the Labour Court ordered the striking doctors to report to work and the case was referred for arbitration. They disregarded the court order and did not go to work and they were dismissed,” Ziyambi said.

“We are simply following the law and therefore, the Health minister did not close the doors to negotiations. When the church leaders went to see the President and requested a moratorium, the doctors disregarded it and that is the position.”

Mavetera then said that the doctors had refused to go back to work – not only because of the measly salaries they were being paid, but because they were incapacitated and were not being provided with tools of the trade such as drugs and gloves to use while performing their duties.

BY KENNETH NYANGANI

FOUR Mutare touts are in trouble for allegedly fondling and kissing a woman at a service station, accusing her of being a husband snatcher.

Tendai Mukaira, Henry Muyambo, Reason Muyambo, Stewart Dosipani yesterday appeared before Mutare magistrate Purity Gumbo who granted them $400 bail each.

The four, who are denying the charge, will appear in court on December 17 for trial.

It is the State’s case that on November 17, the complainant was at a fuel station in the city centre in the company of her friend when a group of nine persons approached and insulted them, saying they were prostitutes who snatch husbands.

The quartet and their accomplices, who are still at large, grabbed the complainant, took turns to fondle her breasts, while kissing her.

The accused called the police, but the accused persons ran away.

On November 28 at around 4pm, the complainant positively identified the four who were immediately arrested by the police.

BY RUVIMBO MUCHENJE

Harare City Council has shut down its Rowan Martin building after going for two weeks without water.

In a memo seen by NewsDay, acting council human capital director, Matthew Marara, said the unavailability of water posed a health hazard to everyone at the building, hence the decision to shut it down.

“This serves to advise you that Rowan Martin building has been closed with immediate effect. The building has been without running water for two weeks, thereby, exposing our employees and stakeholders to water-borne diseases such as diarrhoea, dysentery, cholera and typhoid,” he said.

“The failure to provide potable, wholesome or clean safe water is in contravention of the Factories and Works Act Chapter 14, 0B, RGN 263. Provision of safe water at workplaces and Public Health Act Chapter 15.09 – water and sanitation,” he said.

Harare has been having water challenges blamed on power cuts at the main water treatment plant, Morton Jaffrey Waterworks.

The Vehicle Inspection Department depot in Belvedere was also this week forced to temporarily close after the water system collapsed due to aging pipes.