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Justice Bhunu grants State application to amend charges against Minister Mangoma
Zimbabwe Lawyers for Human Rights (ZLHR)
May 18, 2011

High Court Judge Justice Chinembiri Bhunu on Wednesday 18 May 2011 permitted the State to introduce a list of international oil suppliers allegedly approved by the State Procurement Board (SPB), which it intends to rely upon in its quest to convict Energy and Power Development Minister Hon. Elton Mangoma.

Chris Mutangadura, the chief law officer in the Attorney General (AG)'s Office had on Monday 16 May 2011 filed an application before Justice Bhunu seeking leave to introduce a list of international oil suppliers from which he would pose some questions to Energy and Power Development permanent secretary, Justin Mupamhanga, whom he had already finished re-examination in court. The State had only led evidence from Mupamhanga on a list of domestic oil suppliers which Mutangadura now wanted to be substituted by the new list of international oil suppliers.

But Hon. Mangoma's lawyer Beatrice Mtetwa opposed the application and asked Mutangadura to withdraw charges against the Minister after plea as he could not seek to change a crucial aspect of the charge sheet.

In his ruling on Mutangadura's application Justice Bhunu said the State is entitled to clarify through re-examination the veracity of its witness statement.

Justice Bhunu ordered Hon. Mangoma defence lawyers who include Selby Hwacha to amend their defence outline in response to the purported list of international oil suppliers.

By tabling the list of approved international oil suppliers in court, the State intends to prove that Hon. Mangoma allegedly procured fuel from Nooa Petroleum which was not listed on the SPB's list of approved oil suppliers.
The trial of Hon. Mangoma was postponed to Thursday 19 May 2011 to allow the defence team to get instructions from their client and file their amended defence outline.

Hon. Mangoma is on trial for allegedly abusing his office by giving superior orders and prevailing upon his subordinates to purchase fuel without going to tender, a charge which he denies. The Energy and Power Development Minister will also stand trial in July for allegedly unlawfully and intentionally abusing his public office for the purpose of showing disfavor to some local and South African companies, which had participated in a tender for the supply and delivery of prepayment revenue management system meters and associated equipment.

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