World’s Richest Biglaw Firm Announces Another HUGE Partnership Class – Above the Law

Kirkland
&
Ellis
is
recognized
as
one
of
the
nation’s
greatest
law
firms.
Not
only
does
the
firm
offer
a
compelling
combination
of
prestige,
profitability,
and
pay,
but
it
continues
to
shatter
the
market
on
partners

in
a
HUGE
way.

Bigger
is
still
better
at
Kirkland,
but
sometimes
moderation
is
best.
The
firm
just
announced
one
of
its
largest
partnership
classes
ever
at
200
lawyers
strong,
down
slightly
from
last
year’s
partner
class
of
205.
As
noted
by
the

American
Lawyer
,
this
is
the
first
time
in
at
least
the
last
eight
years
that
Kirkland’s
new
partner
class
has
decreased
in
size
year-over-year.

Prior
to
the
Kirkland’s
announcement
of
its
2024
partner
class,
the
firm
welcomed
a
record
class
of
205
in
2023,
up
from
2022’s
then-record
class
of
193,
up
from
2021’s
then-record
class
of
151,
up
from
2020’s
then-record
class
of
145,
up
from
2019’s
then-record
class
of
141,
and
up
from
2018’s
then-record
class
of
122.
Noticing
a
trend
here?
Kirkland
is
very
generous
when
it
comes
to
handing
out
partnership
titles.

But
how
many
of
these
new
partners
will
enter
the
firm’s
equity
ranks?
Last
year,
Kirkland
had
539
equity
partners
(up
6.7%
from
the
year
prior)
and
969
nonequity
partners
(up
10%
from
the
year
prior).
It
sure
would
be
nice
to
be
an
equity
partner
at
the
firm,
because
its
profits
per
equity
partner
soared
to
about
$8
million
last
year.
The
firm
recently
made
it
easier
for
nonequity
partners
to
become
equity
partners

down
from
four
years
as
a
salaried
partner
to
three

but
it’s
still
quite
difficult
to
make
equity
at
the
firm.

Congratulations
to
Kirkland’s
latest
partnership
class.
You
earned
it

and
hopefully
in
the
future,
you’ll

really

earn
it
with
one
of
the
firm’s
multimillion-dollar
equity
partner
paydays!


Kirkland
Keeps
New
Partner
Promotion
Class
at
200
Lawyers

[American
Lawyer]



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Gen AI + Law Firm Data: Gaining A Key Competitive Edge – Above the Law

With
the
latest
advances
in
generative
AI,
law
firms
have
the
opportunity
to
seamlessly
gather
experience
data
and
put
it
to
work
on
behalf
of
their
lawyers
and
clients
to
gain
a
competitive
edge.

Join
us
on
October
30th
at
1
p.m.
ET
for
this
CLE-eligible
webinar

presented
by
our
friends
at
Litera

where
we’ll
show
you
how
data
can
improve
case
outcomes,
enhance
client
service,
and
help
your
firm
win
new
business.


Sign
Up
Below!

Litera103024 Webinar 3 panel_V2

The
panel
will
explore:

  • The
    benefits
    of
    predictive
    analytics
    and
    data-driven
    decision-making
  • How
    data
    can
    create
    a
    personalized
    client
    experience
  • The
    tools
    and
    techniques
    that
    empower
    lawyers
    to
    become
    more
    strategic
    in
    their
    practice

Register
Here!

How To Create A Fulfilling Law Practice – Above the Law

Discover
the
inspiring
journeys
of
Calyssa
Zellars
and
Kya
Henley,
founders
of

Saint
Park
Law
,
on
this
episode
of
the
Jabot
Podcast!
Learn
how
these
two
dynamic
lawyers
navigated
non-linear
career
paths,
left
Biglaw
to
start
their
own
firm,
and
stayed
true
to
their
mission.
Gain
insights
into
their
unique
approach
to
crisis
management
and
investigations,
the
importance
of
intentional
practice,
and
how
they’ve
blended
personal
passion
with
professional
excellence.
Don’t
miss
this
episode
for
a
fresh
take
on
entrepreneurship
in
law!


Highlights

  • Why
    law
    school?
    Personal
    motivations
    for
    impactful
    careers.
  • Career
    transition:
    Becoming
    civil
    rights
    attorneys.
  • Non-linear
    career
    path:
    From
    Detroit
    Lions
    to
    PR.
  • Public
    defender
    experience:
    Passion
    fueled
    by
    Trayvon
    Martin
    case.
  • Entrepreneurship:
    Founding
    Saint
    Park
    Law.
  • Building
    a
    mission:
    Aligning
    skills
    with
    passion.
  • Identity
    in
    firm
    name:
    Personal
    maternal
    lineage
    inspiration.
  • Balancing
    work
    and
    life:
    Strategies
    for
    managing
    mental
    health.
  • Advice
    for
    new
    lawyers:
    “No
    one
    knows
    you
    better
    than
    you.”
  • Encouragement
    to
    be
    pioneers:
    Charting
    unique
    career
    paths.

The
Jabot
podcast
is
an
offshoot
of
the
Above
the
Law
brand
focused
on
the
challenges
women,
people
of
color,
LGBTQIA,
and
other
diverse
populations
face
in
the
legal
industry.
Our
name
comes
from
none
other
than
the
Notorious
Ruth
Bader
Ginsburg
and
the
jabot
(decorative
collar)
she
wore
when
delivering
dissents
from
the
bench.
It’s
a
reminder
that
even
when
we
aren’t
winning,
we’re
still
a
powerful
force
to
be
reckoned
with.

Happy
listening!




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

Personalize Patient Care with Confidence Through Efficient, HIPAA-Compliant Data Usage – MedCity News

Hospital
systems
often
encounter
unintended
compliance
risks
despite
their
commitment
to
following
HIPAA
regulations.
Improving
patient
care
and
driving
business
growth
through
the
use
of
data
analytics
are
worthy
goals,
but
when
tools
to
support
these
goals
are
inadvertently
misused,
unexpected
violations
may
result.
Good
intentions
offer
little
protection
from
an
allegation
of
improperly
obtaining
or
sharing
data,
highlighting
the
need
for
vigilant
compliance
measures
to
avoid
costly
mistakes.

To
elevate
care
experiences
while
attracting
and
retaining
patients,
most
hospitals
rely
on
data-driven
insights
to
drive
success.
Failing
to
leverage
actionable
intelligence
could
affect
an
organization’s
ability
to
provide
personalized
care
and
meet
public
health
needs,
making
it
difficult
to
remain
competitive.
However,
collecting
and
releasing
data
without
a
conscientious
strategy
can
be
just
as
detrimental
as
failing
to
obtain
it.
These
collection
and
usage
challenges
exist
in
two
key
areas:
internal
patient
data

which
is
crucial
for
informed
care,
personalized
treatment,
and
better
outcomes

and
marketing
and
website
data,
which
is
essential
for
enhancing
patient
experiences,
market
growth,
and
gauging
consumer
demand
preferences.

The
solution

responsible
procurement
and
handling
of
data
and
digital
marketing
insights
by
hospitals

can
generate
useful
information
to
improve
patient
wellness
and
operational
efficiency
without
compromising
compliance.


Access
to
internal
healthcare
data
can
improve
patient
outcomes 

When
leveraged
properly,
the
benefits
of
in-house
data
utilization
by
hospitals
are
clear.
According
to
a
Society
of
Actuaries
survey,

60%
of
healthcare
executives
use
healthcare
data
analytics
in
their
organizations
.
Of
those
respondents,
well
over
half
have
noticed
positive
differences
in
patient
experiences
and
cost
savings

42%
reported
improved
satisfaction
and
39%
lowered
their
expenditures.

Data-driven
intelligence
enables
the
creation
of
treatment
plans
tailored
to
individual
patient
needs.
For
example,
identifying
high-risk
patients
early
enough
can
allow
for
timely
interventions
and
preventive
care.
For
those
who
require
the
coordinated
care
of
multiple
specialists,
data
can
help
facilitate
smooth
transitions
and
referrals
across
the
healthcare
ecosystem.
Combining
updates
in
these
areas
with
more
personalized
interactions
typically
leads
to
effective
communication,
higher
customer
satisfaction,
and
better
overall
outcomes.
The
collected
insights
can
also
help
to
optimize
digital
workflows,
which
reduces
hospital
wait
times
and
administrative
workloads. 

With
data
analytics
offering
significant
advantages
in
both
patient
care
and
operational
efficiency,
health
centers
must
be
able
to
leverage
this
information
with
confidence
and
in
full
compliance
with
regulations.
From
the
outset,
it’s
vital
to
collaborate
with
an
analytics
team
that
possesses
a
deep
understanding
of
both
data
utilization
and
compliance
with
HIPAA,
which
limits
the
release
of
a
patient’s
protected
health
information
without
authorization.
When
selecting
pre-built
systems
for
data
collection,
hospitals
must
carefully
evaluate
and
thoroughly
research
their
options
to
ensure
the
solution
aligns
with
their
needs
and
adheres
to
legal
requirements.

Anonymizing
data
is
another
useful
practice
to
ensure
that
any
information
collected
cannot
be
linked
to
individuals.
After
anonymizing
the
data,
hospital
teams
transform
it
into
a
suitable
format,
develop
and
validate
predictive
models
or
analytics
using
machine
learning
algorithms
or
statistical
techniques,
and
then
deploy
the
models
to
inform
clinical
decisions,
improve
health
outcomes,
or
strengthen
hospital
operations.
Ultimately,
data
insights
are
unlocked
while
maintaining
patient
privacy
and
regulatory
compliance.


Digital
marketing
data
supports
hospital
growth
and
service 

Digital
analytics
data
offers
a
wealth
of
intelligence
that
can
be
used
to
enhance
patient
experiences
and
improve
care
delivery.
With

80%
of
consumers
turning
to
the
internet
for
health-related
research

and
nearly
two-thirds
selecting
a
healthcare
provider
based
on
their
online
presence,
implementing
strong
digital
strategies
is
essential
for
organizations
to
draw
in
and
retain
patients.
By
analyzing
online
behavior
and
patient
interactions,
hospitals
can
identify
pain
points,
streamline
processes,
and
create
engaging
experiences.
This
approach
informs
design
and
functionality
enhancements,
optimizes
online
resources,
and
refines
customer
service
programs,
ensuring
patients
and
families
can
easily
find
the
information
and
support
they
need.
When
implementing
marketing
strategies
that
involve
sharing
data
with
analytics
vendors,
organizations
can
protect
against
incidents
by
partnering
only
with
tracking
technology
vendors
that
sign
a
Business
Associate
Agreement
(BAA).
This
safeguards
against
unapproved
disclosures
of
protected
health
information
(PHI)
and
maintains
the
privacy
and
security
of
sensitive
personal
information. 

Hospitals
using
advertiser’s
scripts
to
measure,
optimize,
or
target
ads
must
ensure
they
don’t
inadvertently
share
PHI
with
unauthorized
parties.
Some
vendors
may
scrape
and
send
confidential
health
information
to
external
recipients,
leaving
healthcare
systems
unaware
of
this
vulnerability.
To
address
the
issue,
it’s
crucial
to
consult
data
and
privacy
experts
who
can
conduct
a
thorough
website
audit
to
identify
and
evaluate
the
various
third-party
vendors
and
agencies
tracking
data
on
hospital
systems.
This
audit
should
reveal
which
ones
are
inappropriately
sharing
data.
With
this
knowledge,
hospitals
can
work
with
trusted
partners
to
find
alternative
solutions,
prevent
rogue
tracking,
and
implement
robust
content
security
policies
that
prevent
data
piggybacking
through
third-party
platforms. 


Consistent
HIPAA
compliance
begins
with
education

One
of
the
main
contributors
to
improper
data
usage
is
a
lack
of
understanding
about
what
HIPAA
requires.
To
eliminate
any
confusion
and
make
the
consequences
of
non-compliance
clear,
the

Department
of
Health
and
Human
Services
(HHS)
recently
issued
guidance

on
the
use
of
website
tracking
technology.
The
entity’s
bulletin,
released
June
20,
outlines
the
fundamentals
of
tracking
technologies,
their
applications,
and
the
necessary
measures
for
organizations
subject
to
HIPAA
regulations
to
protect
electronic
PHI
when
utilizing
these
technologies.

When
alerted
to
the
potential
risks
of
improper
online
tracking,
hospitals
often
instinctively
halt
all
data
collection,
but
this
drastic
measure
is
unnecessary.
By
doing
so,
they
would
forfeit
valuable
insights
that
could
enhance
patient
care
and
operational
efficiency.
Instead,
healthcare
systems
should
seek
out
analytics
companies
willing
to
sign
a
BAA,
ensuring
compliance
with
HIPAA
regulations.
While
not
all
companies
will
agree
to
this,
those
that
do
can
provide
guidance
on
implementing
tracking
tools
in
a
responsible
and
compliant
manner.

Balancing
HIPAA
compliance
with
effective
data
collection
and
usage
is
not
only
possible

it’s
essential
for
modern
healthcare
organizations
and
the
people
who
depend
on
them.
Education
on
the
nuances
of
HIPAA
and
recent
guidance
from
HHS
will
enable
hospital
systems
to
confidently
collect
and
appropriately
use
patient
data
to
enhance
care
delivery
from
the
ground
up.


Photo:
Ildo
Frazao,
Getty
Images


Wendy
Ertter

serves
as
Senior
Analytics
Principal,
Privacy
Solutions
Lead
at

Further
,
a
leading
data,
cloud,
and
AI
company
focused
on
helping
companies
turn
raw
data
into
the
right
decisions.
In
her
role,
she
specializes
in
working
with
stakeholders
to
lead
the
development
and
maturity
of
analytics
programs
that
support
business
optimization
and
actionable
insight.

This
post
appears
through
the MedCity
Influencers

program.
Anyone
can
publish
their
perspective
on
business
and
innovation
in
healthcare
on
MedCity
News
through
MedCity
Influencers. Click
here
to
find
out
how
.

Morning Docket: 10.02.24 – Above the Law

*
Former
Jaguars
financial
administrator
in
jail
for
embezzling
millions
in
team
funds
for
his
own
gambling
suing
FanDuel
accusing
the
app
of
exploiting
his
addiction.
Somewhere
Diddy
is
preparing
a
filing
against
baby
oil
manufacturers.
[Law360]

*
Fifth
Circuit
stops
Amazon
case
to
consider
whether
the
NLRB
has
secretly
been
unconstitutional
for
the
last
90
years
and
they’re
the
first
ones
to
notice.
[Bloomberg
Law
News
]

*
Record
labels
suing
the
internet
archive
over
old
recordings,
draping
themselves
in
concern
for
the
rights
of
the
artists
hoping
no
one
ever
notices
that
the
labels

routinely
and
aggressively
rip
off
artists,
especially
artists
of
color
.
[Rolling
Stone
]

*
California
plan
to
break
with
the
NCBE
monopoly
sent
to
the
state
supreme
court.
[ABA
Journal
]

*
Lawyers
often
victims
of
workplace
bullying.
[Reuters]

*
Profile
of
the
law
school
dean
who
helped
push
Trump’s
election
denial
efforts.
[The
Intercept
]

*
New
tax
hypo
just
dropped:
“it’s
not
a
vacant
commercial
property,
it’s
a
snail
farm.”
[Lowering
the
Bar
]

Miner Sinomine decries tough Zimbabwe conditions amid lithium price slump

HARARE

Zimbabwe’s
poor
infrastructure
and
policy
inconsistencies
are
worsening
the
impact
of
depressed
lithium
prices
on
producers
of
the
material
mainly
used
in
battery
technologies,
a
Zimbabwean
unit
of
China’s
Sinomine
Resource
Group
(002738.SZ),
said.

Africa’s
top
producer
of
lithium
has
attracted
over
$1
billion
investment
from
Sinomine
and
its
Chinese
peers
such
as
Zhejiang
Huayou
Cobalt
(603799.SS),
and
Chengxin
Lithium
Group
(002240.SZ),
since
2021
as
China
sought
to
maintain
its
grip
on
critical
metals.

However,
lithium
prices
have
fallen
sharply
from
their
2022
peak
as
a
wave
of
new
supply
has
overwhelmed
weaker
than
expected
demand
for
electric
vehicle
batteries.

The
price
slump
“is
making
it
difficult
for
lithium
companies
to
stay
afloat,
with
most
mining
entities
downscaling
production”
and
laying
off
workers,
Sinomine
unit
Bikita
Minerals
told
visiting
lawmakers,
according
to
a
presentation
seen
by
Reuters
on
Tuesday.


“The
lithium
mines
continue
to
operate
in
an
environment
with
risks
which
include
fragile
power
supply,
capital
constraints
and
foreign
currency
shortfalls,”
the
company
said.

There
was
also
lack
of
“clear
and
consistent
policies
on
licensing,
taxation
and
export
regulations”,
it
said.

Bikita
Minerals
added
that
Zimbabwe’s
foreign
currency
regulation
requiring
exporters
to
trade
25%
of
their
hard
currency
earnings
for
a
rapidly
weakening
local
unit
called
the
ZiG
was
resulting
in
loss
of
value.

“Lack
of
basic
infrastructure,
such
as
roads,
transportation,
power
and
water
supply
in
lithium-rich
regions
is
hindering
exploration
and
extraction
of
lithium
reserves,
significantly
influencing
production
costs,”
it
said.

The
government
could
help
lithium
miners
by
introducing
tax
breaks
and
lower
royalties,
the
company
said.

Both
the
mines
and
finance
ministries
were
not
immediately
available
to
comment.

3 Zimbabweans get 2 life sentences each for South Africa double murder

PRETORIA,
South
Africa

The
Pretoria
High
Court
has
sentenced
three
illegal
Zimbabwean
nationals,
Edison
Ngamiko,
38,
Amos
Hassan
Masiya,
38,
and
Edron
Panashe
Chisanako,
39,
to
two
life
terms
each
for
two
counts
of
murder.

They
were
also
sentenced
to
10
years
of
direct
imprisonment
each
for
attempted
murder
and
12
months
imprisonment
for
being
illegal
in
the
country.

The
charges
arose
from
a
tragic
incident
that
occurred
on
17
February
2023,
when
the
three
men
were
approached
by
three
young
girls
aged
15,16,
and
23
at
Mashanganeng
Tavern
in
Olievenhoutbosch.

The
girls
requested
money
from
the
trio
to
purchase
alcohol,
and
the
men
initially
provided
them
with
R40.


When
the
girls
asked
for
an
additional
R20
to
pay
a
male
companion
who
was
going
to
accompany
them
home,
the
accused
complied,
bringing
the
total
amount
given
to
R60.

Later
that
night,
as
the
girls
were
leaving
the
tavern,
the
accused
accompanied
them.

When
they
reached
Mamello
Street,
Chisanako
demanded
sexual
favours
from
the
15-year-old
girl.

When
the
girl
refused
and
the
16-year-old
reprimanded
him,
Chisanako
shot
the
16-year-old
in
the
neck,
resulting
in
her
immediate
collapse.

He
then
shot
the
other
two
girls
multiple
times,
leading
to
their
deaths
at
the
scene.

A
shot
fired
during
the
chaos
hit
Ngamiko
accidentally.
Upon
realizing
the
16-year-old
was
still
alive,
Ngamiko
attempted
to
finish
the
job,
but
the
firearm
had
run
out
of
bullets,
thereafter
they
fled
the
scene.

The
surviving
victim
crawled
home
and
report
the
incident.

The
police
discovered
the
two
bodies
of
the
deceased
girls
after
patrolling
the
area
that
same
night.

The
police
investigation
led
to
Ngamiko’s
arrest
three
days
later,
on
20
February
2023,
while
he
was
receiving
treatment
for
his
gunshot
wound.

Masiya
was
arrested
on
9
October
2023
on
unrelated
charges
but
was
later
linked
to
the
murder.

After,
he
identified
Chisanako,
who
was
apprehended
the
next
day
on
10
October
2023.

During
the
trial,
all
three
accused
pleaded
not
guilty,
with
Ngamiko
and
Masiya
acknowledging
the
incident
but
claiming
that
Chisanako
was
the
one
who
committed
the
offence.

Chisanako
denied
being
present
on
the
day
of
the
incident.

However,
Prosecutor
Advocate
David
Molokomme
successfully
presented
compelling
evidence,
including
witness
testimonies,
that
established
the
trio’s
common
purpose
in
committing
the
crimes.

During
sentencing,
the
defence
sought
leniency,
appealing
to
the
court
to
consider
their
family
responsibilities
in
Zimbabwe.

However,
Advocate
Molokomme
argued
firmly
for
life
sentences,
reflecting
the
serious
nature
of
the
offences
and
the
lasting
impact
on
the
victims’
families.

He
emphasized
the
defendants’
lack
of
remorse
and
their
previous
convictions
for
violent
crimes
including
robbery
and
house
breaking.

He
highlighted
the
significant
emotional
trauma
inflicted,
supported
by
a
Victim
Impact
Statement
(VIS)
facilitated
by
the
Court
Preparation
Officer
Legobang
Lebese,
which
revealed
the
lasting
psychological
effects
on
the
surviving
victim
where
the
victim
indicated
that,
she
still
has
flash
backs
of
the
day
of
the
incident
and
still
experiences
pain
where
she
was
shot.

The
Acting
Judge
Matlapeng,
upon
reviewing
the
evidence
and
arguments,
agreed
with
the
State’s
position,
noting
the
lack
of
remorse
and
the
brutal
nature
of
the
act.

He
noted
that
the
three
men,
while
seeking
a
better
life
in
South
Africa,
instead
chose
a
path
of
violence
and
disrespect
for
the
law.

Moreover,
it
was
the
responsibility
of
the
court
to
protect
society
from
such
acts
of
violence,
emphasising
that
illegal
immigrants
must
respect
the
laws
of
South
Africa.

Therefore,
he
found
no
substantial
and
compelling
circumstances
justifying
a
deviation
from
the
prescribed
minimum
sentences.

The
National
Prosecuting
Authority
(NPA)
welcomes
the
sentencing
of
the
three
men,
considering
it
a
crucial
step
towards
justice.


Story
based
on
unedited
statement
by
South
African
National
Prosecuting
Authority

Chimombe, Mpofu claim rights violated as trial takes off this Wednesday

HARARE

Jailed
fraud
suspects
Mike
Chimombe
and
Moses
Mpofu
claim
their
constitutional
rights
have
been
violated,
adding
they
will
raise
the
complaint
with
the
court
as
trial
starts
this
Wednesday.

The
business
partners
are
accused
of
embezzling
US$7
million
state
funds
under
a
botched
goats
supply
tender
issued
by
government.

“Our
clients’
constitutional
rights

have
been
violated
left,
right
and
centre,”
lawyer
Lovemore
Madhuku
told
journalists
after
court
adjournment
Tuesday.

Madhuku
said
under
the
circumstances,
his
clients
will
not
be
afforded
fair
trial.


He
added,
“When
rights
are
given,
they
ought
to
be
enjoyed.”

Madhuku
is
taking
instructions
from
Ashiel
Mugiya
who
is
representing
Chimombe.

In
court,
Madhuku
said
he
needed
some
time
to
acquaint
himself
with
the
case
as
he
got
instructed
only
recently.

Tapson
Dzvetero,
representing
Mpofu,
also
said
his
client
will
raise
complaints
over
alleged
constitutional
violations.

He
told
court
that
prosecutors
have
failed
to
furnish
the
defence
with
sufficient
particulars
they
required
to
prepare
for
the
trial.

“We
are
not
ready
to
proceed.
On
September
20,
we
wrote
and
asked
the
state
to
furnish
us
with
further
particulars.

“The
state
wrote
back
and
furnished
us
with
some
of
the
particulars
but
not
all.

“We
have
had
an
engagement
with
my
colleagues
and
agree
that
we
have
to
sit
down
and
identify
documents
they
can
give
us
and
which
ones
they
cannot.
After
that,
we
can
commence
the
trial,”
he
said.

Witness
Mabhaudhi,
representing
the
State,
consented
to
trial
postponement.

Prosecutors
say
the
fraud
charges
emanate
from
tender
documents
submitted
by
the
two
suspects
through
a
company
called
Blackdeck
Private
Limited
in
September
2021
when
the
Lands
and
Agriculture
ministry
invited
bids
for
the
supply
of
632,001
goats
under
a
scheme
worth
US$87,757,168
to
distribute
goats
nationally,
whose
beneficiaries
would
pass
on
the
animals
to
the
next
needy
household
after
kidding.

They
say
after
winning
the
tender,
it
was
Blackdeck
Livestock
and
Poultry
Farming,
an
unregistered
company,
which
signed
documents
with
the
ministry.

Mpofu
represented
the
company
and
Chimombe
acted
as
a
witness.

On
further
review
of
Blackdeck
Private
Limited’s
documents,
it
is
alleged
that
the
company
had
no
valid
tax
clearance
certificate
from
the
Zimbabwe
Revenue
Authority
for
2021,
and
that
a
QR
code
attached
to
the
National
Social
Security
compliance
certificate
belonged
to
a
different
company
called
Skywalk
Investments.

Both
documents
were
required
for
one
to
be
eligible
to
bid
for
the
tender.

Acting
on
the
misrepresentations,
prosecutors
say
the
ministry
went
on
to
pay
30
percent
of
the
contract
in
the
local
currency,
an
amount
of
ZWL1.6
billion
which
was
allegedly
equivalent
to
US$7,712,197
in
two
instalments
on
April
21,
2022,
and
June
29,
2022.

Following
delays
in
delivering
the
goats,
the
ministry
engaged
Blackdeck
and
was
informed
that
the
company
had
mobilised
32,500
goats
across
the
provinces
which
were
ready
to
be
distributed
to
the
beneficiaries.

A
verification
process
by
the
ministry
at
various
sites,
it
is
alleged,
however
showed
that
the
company
only
had
3,713
goats.

“After
the
ministry
of
lands
realised
that
they
were
being
deceived
by
the
accused
persons,
they
then
cancelled
the
contract
on
August
29,
2022,”
charges
the
National
Prosecuting
Authority
(NPA).

To
date,
the
prosecution
says
4,208
goats
worth
US$331,445.25
have
been
delivered
and
the
ministry
was
prejudiced
of
US$7,380,751.85.

The
two
deny
the
allegations.

Harare mayor suspends Town Clerk Hosiah Chisango over Juluka tender fraud

HARARE

Town
clerk
Hosiah
Chisango
has
been
suspended
by
Harare
mayor
Jacob
Mafume
over
a
slew
of
alleged
misdemeanours
which
include
the
embattled
city
boss’s
awarding
of
a
streetlighting
tender
to
a
blacklisted
company.

His
suspension
is
effect
from
September
30
but
is
with
pay
and
other
benefits.

Chisango
faces
corruption
allegations
emanating
from
his
awarding
of
a
US$9,2
million
Harare
streetlighting
deal
to
jailed
businessman
Moses
Mpofu’s
company.

He
was
arrested
in
July
this
year
and
was
later
released
on
US$500
bail
September
17
this
year.


In
a
letter
outlining
the
reasons
behind
Chisango’s
suspension,
Mafume
said
“The
employer
has
a
good
cause
to
believe
that
you
have
committed
a
serious
misconduct
in
that
you
contravened
Section
4(a)
of
the
National
Code
i.e.
S.I.
15
of
2006
otherwise
known
as
‘Any
act
or
conduct
or
omission
inconsistent
with
the
fulfilment
of
the
express
or
implied
conditions
of
his
or
her
contract’.
You
did
so
in
one
or
more
of
the
following
ways;

“You
misconducted
yourself
in
the
procurement
and
award
of
a
tender
for
streetlights
to
Jukula
Enterprises
in
that
you
awarded
the
contract
to
a
blacklisted
company
which
had
a
record
of
breaching
its
tender
obligations.

“Or
that
you
awarded
a
tender
to
a
company
owned
by
proprietors
of
blacklisted
companies
thereby
exposing
Council
to
potential
financial
losses
and
which
company
in
this
case
had
not
won
the
tender.

“In
doing
so
you
have
failed
one
of
your
primary
functions
as
the
accounting
officer
which
is
to
protect
the
council’s
interest.”

Among
the
grounds
of
his
suspension,
Chisango
was
also
accused
of
“failing
to
secure
effective
Enterprise
Resource
Planning
(ERP)
software
for
the
management
of
the
council’s
billing
and
accounting
systems
over
five
years”.

“As
the
Accounting
Officer,
you
have
failed
to
secure
an
effective
Enterprise
Resource
Planning
(‘ERP’)
Software
and
System
support
for
the
management
of
the
Council’s
billing
and
accounting
systems
for
about
5
years.

“This
has
resulted
in
failure
to
carry
out
statutory
audits,
to
obtain
timeous
budget
approvals
and
also
has
led
to
adverse
reports
by
the
Auditor
General,
Moreso,
you
have
generally
mishandled
the
(‘ERP’)
procurement
and
tender
processes
leading
to
several
court
challenges
and
attracted
negative
publicity
thereby
putting
the
name
of
the
organisation
into
disrepute,”
Mafume
wrote.

The
Town
Clerk
is
accused
of
extending
his
contract
indefinitely
after
its
expiration
in
July
2023,
without
the
required
authorization.

“You
effected
changes
to
the
council
organogram
and
structure
by
appointing
senior
council
officers
to
Grades
1,
2
and
3
without
Council
Authority
and
without
the
approval
of
the
Local
Governance
Board
in
terms
of
Section
134(1)
of
the
Urban
Council’s
Act.

“In
particular,
you
appointed
a
senior
council
official
to
Grade
1B
without
the
requisite
approvals.

“You
also
appointed
more
senior
officials
from
Grade
4
to
Grade
3
without
the
necessary
approvals.

“In
doing
so
you
abused
your
authority
and
also
undermined
the
authority
of
Council
and
the
Local
Government
Board.

“At
the
expiry
of
your
fixed
term
contract
around
July
2023,
you
proceeded
to
give
yourself
a
contract
without
limit
of
time
without
the
knowledge
and
authority
of
the
council
and
without
the
approval
of
the
Local
Government
Board
in
terms
of
Section
132(1)
of
the
Urban
Council’s
Act.

“In
violation
of
the
circular
issued
on
the
26th
of
June
2014
paragraph
2.2
by
the
Ministry
of
Local
Government
and
approved
by
Cabinet”.

Chisango
was
barred
from
visiting
his
workplace
during
the
period
of
his
suspension.

“During
the
period
of
your
suspension,
you
shall
not
be
allowed
to
attend
the
workplace
or
carry
out
any
duties
unless
directed
to
do
so
by
the
Mayor.

“You
are
requested
not
to
interfere
with
Council
staff
and
other
witnesses
in
the
matter,”
further
reads
the
letter.

Minister says rains expected ‘from November onwards’

HARARE

Rains
are
expected
to
lash
Zimbabwe
“from
November
onwards”
as
October

which
usually
sees
the
onset
of
rains

will
remain
fairly
dry,
climate
minister
Sithembiso
Nyoni
briefed
cabinet
on
Tuesday.

Nyoni
said
Zimbabwe
will
receive
“normal
to
above
normal
rainfall”
in
2024/25.

“The
month
of
October
is
expected
to
be
drier
than
the
long
term
average,
but
from
November
onwards
the
forecast
is
for
normal
to
above
normal
rainfall.
Farmers
and
the
whole
nation
are
guided
to
plan
accordingly,”
Nyoni
briefed
ministers,
according
to
a
post-cabinet
readout
by
information
minister
Jenfan
Muswere.

Poor
rains
last
year
into
this
year
affected
yields
leaving
20
percent
of
Zimbabwe’s
15
million
people
at
risk
of
famine,
according
to
the
World
Food
Programme.


Farmers
in
rural
Matabeleland
say
cattle
are
dying
owing
to
depleted
open
pastures
and
drying
water
bodies.
A
prolonged
dry
spell
could
devastate
heads,
particularly
in
parched
Matabeleland
South.