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Harare High Court

LUKE M. AKINO v THE STATE

HH 120-22

Case Details

Court
Harare High Court
Date
1 March 2022
Citation
HH 120-22
Neutral Citation
[2022] ZWHH 120
Outcome
unknown
Case Type
Appeal

Bench

Presiding
CHIKOWERO J
Full Bench
CHIKOWERO JKWENDA J
Areas of Law
Criminal LawPublic Office Abuse
Keywords
criminal abuse of dutypublic officertender proceduresZMDCActing General Manager
Tags
criminal abuse of dutypublic officertender procedures
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the appellant was a public officer as Acting General Manager of ZMDC during the material period","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's role at ZMDC, Board resolutions, management meeting minutes"}
  • {"issue_text":"Whether the appellant personally awarded the contract to M and M without following tender procedures","issue_type":"fact","dispositive":"yes","related_facts":"Mashungupa's testimony, board directives, subsequent quotation sourcing"}
  • {"issue_text":"Whether the trial court erred in its assessment of witness credibility","issue_type":"procedural","dispositive":"no","related_facts":"Mashungupa's testimony, appellant's testimony"}
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background
Facts of the Case

Background

The appellant, as Acting General Manager of ZMDC, contracted Mashungupa and Muhita Engineering Projects without following informal tender procedures, thereby showing favour to that company and disfavour to ZMDC.
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