“I CAN tell you right now we have some documents which we want to show the three gentlemen and I hope I am not prejudicing investigations, but I want Zimbabwe to know that we have not been sitting on this investigation,” Zimbabwe Anti-Corruption Commission (Zacc) chairperson Michael Reza thundered to reporters.
“I CAN tell you right now we have some documents which we want to show the three gentlemen and I hope I am not prejudicing investigations, but I want Zimbabwe to know that we have not been sitting on this investigation,” Zimbabwe Anti-Corruption Commission (Zacc) chairperson Michael Reza thundered to reporters.
Reza, a newcomer to Zacc, was speaking to journalists at the swearing in of High Court judges at the Constitutional Court in Harare on 17 June.
Sounding self-assured and confident, he warned Zacc was sharpening its teeth to tackle three tenderpreneurs — Wicknell Chivayo, Moses Mpofu and Mike Chimombe — to interview them in connection with the corrupt US$100 million Zimbabwe Electoral Commission (Zec) tender scandal.
The scam has sucked in top government or public officials, including President Emmerson Mnangagwa, Secretary to the President and Cabinet Martin Rushwaya, Zec chairperson Priscilla Chigumba, Central Intelligence Organisation Director-General Isaac Moyo, businessmen Chimombe, Mpofu, gold baron Pedzai “Scott” Sakupwanya and the President’s daughter Chido.
Still, Reza said although the trio was yet to hand themselves over to Zacc, a strong case had already been built with a view to taking the matter to court. Reza said there were no sacred cows in the fight against corruption, quoting Mnangagwa in the process, and so Zacc would vigorously pursue the matter without fear or favour.
“We have collected certain facts and when that information comes on the form 242 and if everything goes according to plan, we will use this to go to court. You will see detailed information with facts, figures and numbers. You will see those things, mark my words,” he said.
“We know they have their rights but we have our time limit. If they don’t come we will go after them.”
Now 83 days later, nothing significant has happened with regards the Zec scandal. While Chimombe and Mpofu surrendered themselves to Zacc upon arrival from China on business, they were told to go without any action.
They did not know Zacc wanted them for other cases now being used to jail them to protect Chivayo and officials.
Chivayo did not even bother to go to Zacc for interviews. Chigumba and some Zec officials were summoned for interviews, but allowed to go scot-free.
After that, Zacc went mute on the case, suggesting they have been silenced. Zacc and legal sources say Chivayo is still a free man for various, including political, legal and interference reasons.
Insiders say Chivayo has not been arrested because of his close links with Mnangagwa and also a result of fear that they might spill the beans if cornered, hence the need to imprison them to protect senior officials.
Chivayo’s association with Mnangagwa despite the current problems has given him political immunity from arrest.
“Chivayo no longer has similar access to Mnangagwa compared to before because of the corruption scandal, but he still has proximity to him and other higher offices, which gives him some protection,” a source said.
“Chivayo is also now relatively safe due to the arrest and detention of his business associates.
“Chimombe and Mpofu have been thrown under the bus. They were lured into a trap to come back from China to be arrested. Now Chivayo says they will be convicted and sent to prison. So they should start thinking about mitigation. They are not being detained for the goats and street lights tenders. They will be tried, convicted and thrown into jailed to serve a sentence to keep them in prison to protect senior government officials and himself.
“For those accused of corruption on the US$100 million Zec tender, the detention Sound and fury signifying nothing … Zacc retreats on Chivayo US$100m elections deal Wicknell Chivayo want to act at all to protect themselves and their handlers.” of Chimombe and Mpofu is welcome. They don’t want them out as they fear they may spill the beans at some point if they feel too pressured.”
Besides, there are legal complications which Zacc ran into after its chairperson Reza appeared enthusiastic to deal with Chivayo and others.
One lawyer explained to The NewsHawks:
“First, Chivayo is not party to the signed agreements as he was operating from behind the scenes.
“He did not sign any agreement with the South African election materials supplier RenForm or anyone for that matter. Renform signed a deal with Zec and Sakupwanya’s Better Brands Security (Pvt) Ltd.
“Although it is known Chivayo, Chimombe, Mpofu and Sakupwanya were involved through Better Brands, legally it is hard to prove it.
“Secondly, Zacc is relying on the Reserve Bank of Zimbabwe’s Financial Intelligence Unit (FIU) to investigate Chivayo because they want to charge Chivayo with money laundering. This takes time, but that’s not the real problem. The actual problem here is that you can’t use the FIU’s findings in court.
“Thirdly, there is the issue that Zacc has no jurisdiction in South Africa where the corruption allegedly took place in terms of payments and bribery. Zacc, through the National Prosecuting Authority, needs a mutual legal assistance with South African institutions to investigate the issue. There are also several other issues like political will which arise that make it difficult for Zacc to tackle Chivayo head-on.
“Of course, politics is the biggest problem on this matter. He has compromised too many top officials and arresting him can be self-defeating; open a Pandora’s Box. If authorities wanted to act on the basis of what has already become known, including media reports and those dossiers, they would probably succeed.
The problem is that they don’t The Zec tender scandal is far wider and deeper than initially thought: It involves more than US$100 million in public funds looted through fraudulent and usurious pricing of electoral material supplies during last year’s flawed elections.
The various supplies to Zec were provided by Ren-Form CC and its agents, including Better Brands Security, a local company. Prices were inflated by up to 30 000% and in some cases far above that.
Still, Reza had vowed to deal with the matter and assured Zimbabweans that no stone would be left unturned in their quest to deal decisively with corruption.
“Zimbabweans should know that Zacc is not toothless. President Emmerson Mnangagwa has said there are no sacred cows,” he said. Ironically, the person Zacc wanted the most — Chivayo — is close to the President, making him a sacred cow.
