Judgment No. CCZ 9/14 2
Const. Application No. CCZ 276/12
Officer and Nyabando the Chief Administration Officer. The fourth applicant Mohamed
Ahmed Meman (“Meman”) was a director and shareholder in African Timber and Builder
Suppliers (Pvt) Ltd.
The applicants were arraigned before the Magistrates Court sitting at Harare
on 15 March 1999 for allegedly contravening s 136 of the Criminal Law (Codification and
Reform) Act [Chapter 9:23], fraud, alternatively, contravening s 3 (1)(f) of the Prevention of
Corruption Act [Chapter 9:16]. The allegations against the applicants were the following.
Mukandi was tasked with the responsibility to arrange for the construction of houses for the
organisation. He co-opted Mubvumbi and Nyabando to assist him with the project. Meman
was requested to submit a quotation for the construction of the houses without submitting to
government tender procedures. African Timber and Builder Suppliers submitted a quotation
for the sum of Z$16 106 559. Meman subcontracted the project to Direct Line Electrical
Services and Sale (Pvt) Ltd, a company in which Mubvumbi was the beneficial shareholder.
It was alleged that the four applicants misrepresented to the organisation that the costs of
construction had escalated by the sum of Z$16 773 784.32 which the applicants are alleged to
have shared.
At their initial appearance in court, the applicants were granted bail and
remanded to June 1999. Thereafter they were remanded to September 1999 and 31 January
2000 at the request of the State. On 31 January 2000 the applicants were removed from
remand after the State indicated that it required more time to prepare its case. The State was
advised if need be to proceed by way of summons against the applicants.