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AG withdraws charges against Minister Mangoma
Zimbabwe Lawyers for Human Rights (ZLHR)
July 18, 2011

The Attorney General (AG)'s Office has withdrawn charges of criminal abuse of duty as a public officer against Energy and Power Development Minister and Movement for Democratic Change deputy treasurer Hon. Elton Mangoma whose trial was supposed to commence at the High Court on Monday 18 July 2011.

In a surprising back down, Chris Mutangadura, a chief law officer in the AG's Office withdrew the charges before plea on Monday 18 July 2011 just as High Court Judge Justice Tendai Uchena prepared to preside over the trial.

Hon. Mangoma was supposed to go on trial after the State alleged that he had "fixed" tenders for electricity metres for State-run power utility, Zimbabwe Electricity Supply Authority (ZESA).

The prosecutors claimed that Hon. Mangoma unlawfully and intentionally abused his public office for the purpose of showing disfavour to some local and South African companies that had participated in a tender for the supply and delivery of prepayment revenue management system meters.

The State alleged that the MDC deputy treasurer unlawfully instructed former ZESA Holdings chief executive officer Benjamin Rafemoyo, the power utility's board chairperson Noah Madziva and the State Procurement Board to stop processing the tender for the supply of prepaid electricity meters after adjudication thereby effectively cancelling a tender awaiting announcement of the winner.

But Mutangadura notified Justice Uchena of the State's resolve not to prosecute on the basis that Hon. Mangoma had been acquitted last month on similar charges of criminal abuse of duty as a public officer in a case in which he had been on trial for allegedly flouting tender procedures in the procurement of fuel.

Justice Uchena noted the withdrawal of the charges which was welcomed by Hon. Mangoma's lawyers Beatrice Mtetwa and Selby Hwacha, who are members of Zimbabwe Lawyers for Human Rights.

Justice Chinembiri Bhunu acquitted Hon. Mangoma on Tuesday 28 June 2011 at the close of the State case.

Upon Hon. Mangoma's arrest, Mtetwa lashed out at the police and prosecutors for preferring to prosecute the MDC leader in instalments. Mtetwa said the police and the prosecutors' actions were malicious as they could have laid the charges against Mangoma when he was first arrested early in March for allegedly contravening procurement procedures in the acquisition of fuel supplies.

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