ZIMBABWE Electricity Transmission and Distribution Company (ZETDC) managing director Julian Chinembiri yesterday told the court energy board members were not conversant with the provisions of the Procurement Act.
BY PAIDAMOYO MUZULU
Chinembiri made remarks in the ongoing trial of former Energy and Power Development minister Elton Mangoma, who is accused of awarding OK Zimbabwe a voucher reselling tender without following proper procedures, a charge he is denying.
Mangoma’s lawyer Beatrice Mtetwa asked Chinembiri: “Would the board members have known that this was an unlawful directive if you did not tell them?”
Chinembiri responded: “The board members would not know if I did not tell them. Board members are not necessarily aware of the provisions of the Procurement Act.”
Mtetwa then made a follow-up question on whether the cancellation of the tender was done by the board through a resolution.
“The cancellation of the tender was done procedurally. It was done in terms of a board resolution,” Chinembiri responded.
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Chinembiri, however, had problems in responding as to why he did not voice his concerns to the accounting officer and the minister as required by the law.
“I did not because my principals — the board chairman and group chief executive officer — were in that meeting and in practice I don’t speak before them,” he said.
Chinembiri conceded Mangoma had not directed him not to comply with any legal provisions.
The managing director also told the court that Zesa company secretary Judith Tsamba had not given him advice that he had to comply with provisions of section 14 of the Public Finance and Management Act in implementing the alleged illegal directive.
The section cited places the obligation on the accounting officers to put their reservations over ministerial directives in writing to the minister issuing the directive.
Regional magistrate Josiah Mujaya is presiding over the matter and the State is represented by Michael Reza.
