The law firm of choice for internationally focused companies

+263 242 744 677

admin@tsazim.com

4 Gunhill Avenue,

Harare, Zimbabwe

Zacc retreats on Chivayo US$100m elections deal



OWEN
GAGARE

“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.