Cephas Chikwira and Memory Mahaso and Innocent Nezungai v The State

HH 275-17

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Case Details

Court

Harare High Court

Date

10 May 2017

Citation

HH 275-17

Neutral Citation

[2017] ZWHH 275

Outcome

unknown

Case Type

Criminal Appeal

Bench

Presiding

Hungwe J

Full Bench

Hungwe JBere J

Areas of Law

Criminal LawPublic Procurement Law

Keywords

criminal abuse of duty as public officerprocurement regulationstender requirementspublic officersfavouritism

Key Issues

{"issue_text":"Whether the appellants acted contrary to their duties as public officers by sub-contracting to Makmuz without following tender procedures","issue_type":"mixed","dispositive":"yes","related_facts":"Sub-contracting to unapproved caterer, value exceeding threshold, no tender process"}
{"issue_text":"Whether the grounds of appeal complied with Rule 22(1) of the Supreme Court (Magistrates Court) Criminal Appeals Rules","issue_type":"procedural","dispositive":"no","related_facts":"Formulation of grounds of appeal"}

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Facts of the Case

Background

Three appellants, who were public officers at Bulawayo Polytechnic's School of Hospitality and Tourism, were convicted of criminal abuse of duty for sub-contracting a catering service to Makmuz Caterers & Tours (Pvt) Ltd without following proper tender procedures and despite Makmuz not being an approved caterer, showing favour to a company run by former students.

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