By Dorrothy Moyo | ZimEye | The High Court has granted US$500 bail to Harare Town Clerk Hosiah Chisango, who is facing corruption charges linked to a controversial streetlights tender. Chisango, accused alongside principal contracts administrator Artkins Mandaza of unlawfully awarding a lucrative contract to Juluka Enndo Joint Venture—a company disqualified for failing to meet bid requirements—was initially denied bail by the remand magistrate amid fears he might interfere with State witnesses. However, Justice Pisirayi Kwenda, in a ruling on appeal, overturned the magistrate’s decision, imposing standard bail conditions to ensure Chisango’s continued appearance in court. This ruling has reignited debates over transparency and accountability in public procurement processes and the effectiveness of the existing legal frameworks to prevent misconduct in public office.

The High Court’s decision to grant bail to Harare Town Clerk Hosiah Chisango for the sum of US$500, amid serious allegations of corruption related to the awarding of a contentious streetlights tender, marks a notable development in this highly scrutinized legal matter. Chisango, alongside his co-accused, Artkins Mandaza, faces charges of unlawfully awarding a lucrative tender to Juluka Enndo Joint Venture, a company previously disqualified for failing to meet the mandatory bid requirements.

The alleged conduct of Chisango and Mandaza represents a potential breach of public procurement laws, which strictly prohibit the awarding of contracts to entities with a documented history of substandard performance. Juluka Enndo’s affiliation with Synlak (Pvt) Ltd—a firm notorious for failing to fulfill the terms of a biogas digester project awarded in 2019—further compounds the severity of the allegations, suggesting a disregard for established procurement standards and raising concerns about systemic irregularities that compromise the integrity of the tendering process.

Initially, the remand magistrate denied Chisango bail, citing a substantial risk of his interference with State witnesses, which is a standard consideration under Section 117 of the Criminal Procedure and Evidence Act. However, Justice Pisirayi Kwenda, presiding over the appeal, found that the magistrate had erred in law by denying bail without sufficient evidence that such interference was likely. In granting bail with standard conditions, Justice Kwenda sought to uphold the legal principles of presumption of innocence and the right to liberty as enshrined in Section 50(1)(d) of the Constitution, while still ensuring that Chisango remains answerable to the court.

This decision underscores the judiciary’s delicate role in balancing the rights of the accused with the imperative of safeguarding the integrity of the judicial process. As the case progresses, it is likely to cast a critical spotlight on the effectiveness of current procurement laws and oversight mechanisms in curbing corruption and ensuring transparency. The court’s ruling has already sparked a broader debate on the standards of accountability expected from public officials, especially in cases involving allegations of gross misconduct and abuse of office, challenging whether the existing legal frameworks are sufficient to prevent such breaches of public trust.- ZimEye