By A Correspondent| In a shocking turn of events, the case against former Harare Town Clerk Hosiah Chisango has been dismissed, raising serious concerns about judicial integrity and procurement irregularities within the City of Harare. The abrupt closure of this case has left many questioning whether justice was truly served or if legal and political maneuvering played a role in shielding powerful figures from accountability.
The Role of the Accounting Officer
At the heart of this controversy lies the Public Procurement and Disposal of Public Assets Act (PPDPA), which assigns the Accounting Officer—typically the Town Clerk or CEO of a local authority—the sole responsibility for procurement within a public entity. According to Section 14 of the PPDPA, Chisango, as the Town Clerk at the time, should have been directly accountable for any procurement irregularities. However, instead of him facing legal consequences, the Principal Buyer has been left to answer to the charges alone.
This raises critical questions: If the Principal Buyer was solely responsible for procurement, then who authorized the change in the scope of the eight awarded lots? If the changes were made at the request of the Accounting Officer, does the Principal Buyer even have the authority to dictate such procurement decisions?
Missing Award Letters and Dubious Payments
Further complicating the matter is the issue of missing award letters. While there are documented letters for the eight lots, there are none for the two awarded to Juluka—an omission that suggests irregularities.
On whose authority did Juluka begin work on the ground? Who authorized payments from the Central Government? Was it the Principal Buyer, or was there an unseen hand directing these transactions?
These unanswered questions point to a systemic failure in procurement oversight and possible corruption within the City of Harare.
PRAZ’s Warning and the Judiciary’s Complicity
The Procurement Regulatory Authority of Zimbabwe (PRAZ) had earlier flagged the flawed procurement process, confirming that under the PPDPA Act, the only legally recognized authority in such matters is the Accounting Officer. Despite this, Chisango remains untouched by the legal system, while subordinates take the fall.
Adding to the controversy is the role of Public Prosecutor Whisper Mabhaudhi, who has been handling multiple high-profile cases, including those against Kandemiri, Ndemera, Chisango, and Gomba. Despite overwhelming evidence tying Chisango to procurement decisions, he was allowed to walk free. The decision was presided over by Judge Kwenda, the same judge who had previously granted bail in the Juluka case, a move that raises concerns about judicial impartiality.
Would a different Public Prosecutor and judge have handled this case differently? Many believe so.
ZACC’s Silence: A Cause for Concern
The Zimbabwe Anti-Corruption Commission (ZACC), led by Chairperson Mr. Reza, is also facing scrutiny over its handling of this case. Given Mr. Reza’s extensive experience as a former public prosecutor, one would expect decisive action against corruption. Instead, ZACC’s silence on the matter has only fueled public speculation that the commission is either complicit or unwilling to take on powerful figures like Chisango.
A System in Crisis
The dismissal of the case against Hosiah Chisango is yet another example of Zimbabwe’s failing justice system, where high-profile individuals often evade consequences while lower-level officials are sacrificed. This trend of “catch and release” has eroded public trust in law enforcement and the judiciary.
To restore faith in the system, the ongoing Commission of Inquiry into the City of Harare must take up this matter and conduct open proceedings to ensure transparency. The people of Harare deserve answers—and, more importantly, they deserve justice.