(NEWZIMBABWE) Fraud rap Bredenkamp seeks acquittal
11/09/2013 00:00:00
by Staff Reporter
MILLIONAIRE business tycoon John Arnold Bredenkamp, on trial over an alleged US$4.2 million swindle, asked a judge to acquit him as the prosecution rested at the High Court in Harare on Tuesday.
Bredenkamp’s lawyers argued that prosecutors criminalised what is a civil matter between him and Yakub Ibrahim Mahommed, the former director of Sahawi International.
Advocate Eric Matinenga, while applying for Bredenkamp’s acquittal, said the prosecution team of Editor Mavuto, Michael Reza and Innocent Chingarande had woefully failed to establish the connection between Bredenkamp and the commission of any crime.
On a second charge of breaching the exchange control regulations, Advocate Matinenga said “no evidence was led in court to prove the essential elements of the crime”.
“This matter is purely civil and that the prosecution was a typical case in which a complainant used the criminal courts to recover a debt,” the lawyer said as he asked Justice Felistus Chatukuta to acquit Bredenkamp without putting him to his defence.
Prosecutors say Bredenkamp borrowed the money from Mahommed in 2001 on the pretext that he was going to finance his mining operations in the Democratic Republic of Congo (DRC) but used the money for personal use and failed to pay it back.
Bredenkamp, the court heard, had pledged to repay the money upon selling his mining company in the DRC. But after disposing of the company, prosecutors said Bredenkamp neglected to pay back the debt.
Mahommed told the High Court on Monday that the money that Bredenkamp had borrowed for his DRC mine had been used to finance Zimbabwe army supplies through Raceview Enterprises (Raceview).
“I later realised that the company (Raceview) was set up for providing a feeding programme for the Ministry of Defence,” he said.
Asked by Advocate Matinenga, who appeared together with Innocent Chagonda and Deepak Mehta, on where the misrepresentation which would constitute fraud was emanating from, Mahommed said when the businessman borrowed the money, it was on the basis that he was to fund his mining operations in the DRC but he discovered that Bredenkamp used the money to fund the army.
“At that particular time, I considered the accused to be a man of integrity, honesty and a man of means and my friend,” Mahommed said.
He only decided to take legal action against Bredenkamp in 2008 after he realised the businessman was failing to pay back the money, he said in his testimony.
The civil court proceedings were abandoned after an out-of-court settlement was proposed.
But Bredenkamp had failed to follow the terms of their agreement, forcing Mahommed to institute criminal proceedings.
He said the Attorney General’s office declined to prosecute the matter in 2009, on the basis that the case was civil in nature and that it involved national interest.
Mahommed said despite numerous requests for his money, Bredenkamp continued making excuses. To date, he only paid back US$400,000 in 2001.
Mahommed said Bredenkamp accused him of telling various people in the community that he had lent him money.
“One particular person was Billy Rautenbach. It was at that time that he and Rautenbach had a bad relationship,” Mahommed said.
For long, considered one of Britain and Europe’s richest men, Bredenkamp made a payment attempt in 2006, the court heard. But Mahommed said his bank returned the money, after it emerged that the businessman was under fraud investigations in the United Kingdom.
Mahommed said he lent Bredenkamp the money from proceeds of his Sahawi International (Private) Limited cigarette trading business in South Africa.
Bredenkamp – famous for his helicopter shuttles in Harare – had promised to pay back the money after disposing off his Kababankola Mining Company in the DRC.
In his founding affidavit submitted at the start of the trial, Bredenkamp denied defrauding Mahommed, claiming he did not borrow the money in his personal capacity.
“This prosecution is malicious and a gross abuse of the court’s process,” Bredenkamp said.
Justice Chatukuta will deliver a ruling on the defence application for a discharge on Wednesday.
Labels: ERIC MATINENGA, JOHN ARNOLD BREDENKAMP
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Ministers looted constituency funds: Tsvangirai
26/03/2012 00:00:00
by Staff Reporter
PRIME Minister Morgan Tsvangirai has claimed that cabinet ministers also abused constituency development funds and insisted that prosecution of suspected embezzlers would continue despite a moratorium ordered by the attorney general.
Legislators get US$50,000 from treasury every year for development projects in their constituencies but Constitutional Affairs minister Eric Matinenga says some have failed to account for the funds leading to the arrest of four MPs.
Tsvangirai claimed he was aware of cabinet colleagues who also abused the fund adding the Anti-Corruption Commission – which is probing the alleged abuse – would soon arrest them.
“Corruption is corruption and those who stole money (CDFs) will be arrested even if they are government ministers,” said Tsvangirai supporters Glen View North Constituency, according to the weekly Standard newspaper.
But charges have been dropped against three MPs after the intervention of attorney general, Johannes Tomana.
Tomana said an audit of all the country’s 210 constituencies must be completed first leading to a public spat with Matinenga who insisted the arrests would continue.
“They should do a complete job such that at the end of the day no-one should say they were being targeted or isolated. These investigations are born out of an audit and it speaks logic for us to say an audit should be completed first and we can then pick out the culprits at one time,” Tomana said recently.
However, Tsvangirai backed Matinenga saying the arrests would continue.
“No one will stop the Anti-Corruption Commission from arresting corrupt ministers and MPs because as a Government we have adopted a zero tolerance on corruption,” the MDC-T leader said.
The government allocated US$8 million to the CDF last year and Tsvangirai said the facility would be increased going forward.
“There is no going back on CDF,” he said.
“Money allocated to the fund will be increased soon because we want MP’s to invest in community development projects which benefit the ordinary people.”
Labels: CONSTITUENCY DEVELOPMENT FUND, ERIC MATINENGA, MORGAN TSVANGIRAI
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Constituency Fund abusers named
15/02/2012 00:00:00
by Staff Reporter
CONSTITUTIONAL and Parliamentary Affairs Minister Eric Matinenga on Wednesday released names of nine legislators, including three ministers, who have each failed to account for US$50,000 paid from a parliamentary fund for constituency development.
Matinenga’s ministry was asked to investigate abuse of the US$8 million fund following public concerns.
Last month, Matinenga presented his findings to President Robert Mugabe and Prime Minister Morgan Tsvangirai, but insisted he would not name the lawmakers who had failed to file accounts of how the money was spent.
But at a news conference on Wednesday, Matinenga raised the stakes by threatening to call in the police on the defaulting MPs and Senators.
“I want to say that the majority of Members of Parliament have made returns, maybe more than 95 percent have done so. Unfortunately, we still have 10 MPs who have not made returns,” Matinenga said, although he went on to release only nine names.
The lawmakers who have failed to file accounts, said Matinenga, include Public Services Minister Lucia Matibenga (MDC-T, Kuwadzana North), National Healing Minister Senator Sekai Holland (MDC-T, Mabvuku-Tafara), Deputy Health Minister Douglas Mhombeshora (Zanu PF, Mhangura), Marvellous Khumalo (MDC-T, St Mary’s), Peter Chanetsa (Zanu PF, Hurungwe North), Chindori Chininga (Zanu PF, Guruve South), Naison Nemadziva (Zanu PF, Buhera South) and Abraham Sithole (Zanu PF, Chiredzi East).
The Constitutional Development Fund (CDF) was established by Finance Minister Tendai Biti, with all 210 MPs in the House of Assembly accessing US$50,000 for distribution to deserving projects in their constituences.
Virginia Mabhiza, the Permanent Secretary in the Ministry of Constitutional and Parliamentary Affairs, said the manner in which some lawmakers had used the fund “bordered on fraud”.
Labels: CONSTITUENCY DEVELOPMENT FUND, ERIC MATINENGA, MDC CORRUPTION
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Fed-up minister quits politics
28/11/2011 00:00:00
by Staff Reporter
CONSTITUTIONAL Affairs Minister Eric Matinenga says he will quit at the next elections, disappointed with the level of violence in local politics and
leaders’ pre-occupation with power and personal enrichment instead of serving the people.Matinenga, who won Buhera West for the MDC-T in 2008, said he had been “naïve” to think politics was about service when he was approached by party leader Morgan Tsvangirai to contest the constituency.
“I think I was a bit naïve. To me politics was about service to the people and I thought everybody wanted to move from the past into the future and build a better Zimbabwe,” he said in an interview with the Zimbabwe Independent.
“I didn’t realise how some look at politics in terms of power and control.”
Matinenga said he was particularly shocked to discover the level of violent factionalism in the party.
The MDC-T was rocked by violent clashes between rival factions during provincial elections leading up to its national congress in Bulawayo this year.
“I was shocked at what I witnessed of that process. I didn’t believe that as the MDC we could sink that low … I was saddened and still saddened by that experience.”
He also felt Tsvangirai could have moved more decisively to deal with the violence.
“I briefed (Tsvangirai about the violence) and he expressed outrage. I met him subsequently and he always said he would set up a body to look into this,” he said.
“I am hoping that this body would carry a full investigation into the matter. If I was in a position of authority, I would have addressed this matter immediately, but people work differently. I hope the way he is tackling the issue would bear positive results.”
Matinenga also said he was disappointed with the failure of the coalition government to substantively address the myriad of challenges facing the country.
“Ministers are addressing issues on partisan lines. When we debate issues they simply go back to their political trenches. This is a huge disappointment,” he said.
“I don’t think Zanu PF wants to make a clean break with the past. Zanu PF positions on political issues are rigid.”
Matinenga insisted he had not been pushed aside to make way for University of Zimbabwe lecturer, Dr John Makumbe who has since been selected to represent the MDC-T in Buhera West.
“Nobody pushed me out! I had set myself a target to do my term only,” he said.
“I participated in the process to find my successor (and) I think John Makumbe is electable.”
Matinenga said he would be returning to legal practice after his unhappy sojourn into politics.
“I will have to re-apply to be admitted to the Advocate Chambers. My office and library are still in place and I hope I will pick up from where I left off.”
Labels: ERIC MATINENGA, MDC, MDC VIOLENCE
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MPs face prosecution for fraud
05/11/2011 00:00:00
by Staff Reporter
AT least 12 legislators are facing possible prosecution for fraud after allegedly misappropriating up to US$50 000 allocated to constituents by the government through the Constituency Development Fund.
Constitutional and Parliamentary Affairs Minister, Eric Matinenga is expected to present a report before parliament, possibly leading to the prosecution of the suspects whose names have been withheld pending the completion of investigations.
An audit by the ministry found that the 12 legislators – drawn from both Zanu PF and the MDC-T – used the funds to issue personal loans while others spent it on undisclosed ‘goodies’.
Acting permanent secretary for the ministry, Virginia Mabiza said preliminary investigations suggested the MPs had embarked on “a self-enrichment spree”.
“Our audit team is still finalising the report. It is, however, clear that several legislators abused the facility,” she told The Sunday Mail.
“It appears the concerned members went on a self-enrichment spree, obviously spending lavishly and spoiling themselves on goodies.”
Mabiza added that after the ministry received returns for 173 out of 210 constituencies at the end of October, it was clear more lawmakers were involved in conduct “bordering on fraud, improper use and dishonesty”.
“While we wait for the affected MPs to respond, our position remains that a crime has been committed and, soon, the law must take its course,” she said.
“Of course, such cases of suspected fraud have come up. However, some members have done well. The projects our teams have seen show that the money was put to good use.”
Another 37 MPs were presently receiving expert assistance after failing to submit returns before the October 21 deadline claiming they were not conversant with the procedures.
"Some of the MPs have said they cannot compile returns on their own. That is the reason why we have availed our team of experts to assist them," Mabiza said.
Finance Minister, Tendai Biti allocated the CDF some US$8 million in his budget last year with each constituency getting US$50000.
The fund is supposed to be administered by committees comprising the local legislator, two councillors and district administrators and used to finance development projects in their respective constituencies.
Labels: CONSTITUENCY DEVELOPMENT FUND, ERIC MATINENGA, MDC CORRUPTION, MPs
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Ncube berates ‘greedy, insincere’ MDC-T
by Staff Reporter
22/08/2010 00:00:00
PROFESSOR Welshman Ncube last week launched a scathing broadside at Prime Minister Morgan Tsvangirai’s MDC-T, berating the party as “greedy, insincere” and an obstacle to the full implementation of the Global Political Agreement GPA).
Ncube, who is secretary general of the Arthur Mutambara-led MDC formation as well as Industry and Commerce Minister in the coalition administration accused the MDC-T of undermining government by pursuing partisan interests.
He said contrary to the MDC-T’s oft-repeated claims that President Robert Mugabe was refusing to fully implement the GPA, it was Tsvangirai’s party that was stalling progress by constantly adding to its list of so-called “outstanding issues”.
Ncube appears to have been incensed by MDC-T demands to be given oversight of constitutional commissions.
The MDC-T recently said it wanted commissions overseeing human rights, elections and the media transferred from the Justice Ministry headed by Zanu PF’s Patrick Chinamasa to the Constitutional and Parliamentary affairs Ministry headed by Eric Matinenga, a member of Tsvangirai’s party.
“They just want those powers to be transferred to their own minister. (But) those demands are nonsensical. That party has lost its way.
“They shout on top of the mountain that Zanu-PF is disregarding the GPA, but it is them who are violating the GPA,” Ncube was quoted as saying by the state-run Sunday Mail newspaper.
Ncube added that proposals by the MDC-T to “strengthen” the Joint Monitoring and Implementation Committee (JOMIC) through an Act of Parliament were misguided and unhelpful.
JOMIC - which brings together representatives of parties to the coalition government - was established to oversee implementation of the GPA but has been dismissed as ineffective by critics.
But Ncube said the MDC-T proposal could in fact precipitate the collapse of the body.
“Jomic is a forum for consensus and making it a statutory body can only lead to its collapse.
“That notion shows that the party does not know the fundamental functions of Jomic. If we were to follow those views, we would be led astray,” he said.
Tensions between the MDC formations also appear to have been worsened by turf wars in the Matebeleland regions ahead of by-elections to fill vacant constituencies.
Ncube claimed Tsvangirai’s party was trying to field former MDC-M legislators who were expelled from the party over alleged indiscipline.
The three former MPs - Abdenico Bhebhe (Nkayi South), Njabuliso Mguni (Lupane East) and Norman Mpofu (Bulilima East) – have since approached the courts to seek an order that by-elections be held in their respective constituencies.
“We have it on good authority that the MDC-T has bribed the three MPs we expelled from our party and they are now using them as proxy candidates,” he said.
“This is in flagrant breach of the GPA. In the event of a by-election, the party which held the previous seat can only contest against an independent candidate, not against a contestant from a party that is in the unity Government,” Ncube said.
Under the GPA, Zanu PF and the two MDC formations agreed not to contest each other in by-elections during the lifespan of the inclusive Government in effort to eliminate conflict.
Labels: ERIC MATINENGA, JOMIC, MDC, MDC-M, WELSHMAN NCUBE
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MDC-T dismisses in-country violence reports
By: TH-TZG reporters
Posted: Tuesday, August 10, 2010 9:18 am
CONSTITUTIONAL and Parliamentary Affairs Minister Eric Matinenga has urged civil society and foreign based online media to desist from peddling falsehoods about political intimidation and violence during the ongoing outreach programme.
Minister Matinenga, who is from the MDC-T party led by Prime Minister Morgan Tsvangirai, also dismissed reports that the public media were refusing to publish Copac publicity materials.
Responding to questions at a media briefing in Harare last Thursday, Minister Matinenga said the constitutional outreach programme was progressing well and there was no violence or intimidation as reported by some online and international media.
"It’s not good for us to talk about intimidation. Let’s have the facts and I would have appreciated if you had these incidents documented for us to investigate them," he said.
Minister Matinenga said the suspension of the outreach meetings in some parts of Manicaland recently was a result of a dispute between a rapporteur and a team leader contrary to some media reports that it was due to intimidation and violence.
"It is not intimidation at all. There has been disagreement between a rapporteur and a team leader," said the minister.
He said his personal experience in Binga revealed that the outreach programme was progressing well and the situation was the same in different parts of the country.
Recently minister Matinenga disputed a report by pirate radio station, SW Radio, as incorrect.
On a show entitled Behind The Headlines, a Zimbabwean interviewer and MDC-T activist, Mr Lance Guma, suggested there was violence and chanting of slogans during Copac outreach programmes to which Minister Matinenga responded: "The information which I have would appear to be different from what you are giving me."
Mr Matinenga added: "I have not received the reports on what has been happening in Bindura. In fact ... I was speaking to a reporter about 30 minutes ago who had some very encouraging comments about what was happening in Mashonaland Central, Mashonaland East and Manicaland."
When Mr Guma, who reports from the United Kingdom, suggested that there was indeed violence and disruptions caused by Zanu-PF, Minister Matinenga responded, "I ... am unable to comment or to be drawn to make a comment in respect of the incident you describe because I simply have not received a report on it and I therefore am unable, from your report, to then seek to apportion blame. I can’t do that. "
Yesterday Minister Matinenga said people were attending meetings that were lasting for up to three hours, expressing their views freely without violence and intimidation.
He dismissed allegations that the State media were refusing to run Copac advertisements, adding that the constitutional body had limited resources. He said this had seen few publicity materials on both print and electronic media. The minister challenged all media houses across the board to be proactive and freely advertise the constitution making process materials.
"We cannot only rely on Copac to advertise this programme because it has a limited budget.
"Any member of the media both from the State-run and private media are free to advertise this national project," he said.
Minister Matinenga said between July 19 and July 31, Copac held 1 560 meetings that were attended by 288 951 people.
He said the attendance figure might be higher because some stations had not submitted their statistics.
Minister Matinenga said he was confident that Treasury and the donor community would continue to support the project to its finality.
The outreach programme started on June 15 across the country, but Harare and Bulawayo are yet to contribute what they want to be included in the new constitution.
Labels: ERIC MATINENGA, MDC, PROPAGANDA
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Minister blamed for constitution delays
by
01/02/2010 00:00:00
THE Parliamentary and Constitutional Affairs Minister Advocate Eric Matinenga has been accused of “unnecessarily” delaying the constitutional reform process by entering into agreements with donor organisations without the knowledge and consent of cabinet.
The accusation was made by one of the parliamentary constitutional committee (COPAC) co-chairpersons Paul Mangwana who represents President Robert Mugabe’s Zanu PF party.
Mangwana claimed that there were a lot of “offending” clauses in the agreement which Matinenga, a member of Prime Minister Morgan Tsvangirai’s party, had entered into with the United Nations Development Programme (UNDP).
The UNDP is the only major donor agency now funding the exercise after several others withdrew, apparently fed-up with the political bickering which continues to undermine the process.
However, Mangwana sought to underplay the political disagreements and instead blamed Matinenga’s dealings with the UNDP for the problems.
“There is no political bickering as far as the constitutional process is concerned. The issue is not about who should sign what and how. The issue revolves around the agreement that Minister Matinenga signed with the UNDP without the knowledge and approval of the constitutional management committee and the cabinet,” the Zanu Pf official said.
Mangwana added that the Constitutional affairs minister had over-reached his mandate when he endorsed the UNDP deal.
“The agreement was crafted in such a way that it sets the talking points for the committee, something that we felt was not going to be in the best interests of the people of Zimbabwe who should own the process.
“It was also felt that the minister had taken his duties too far since no minister should enter into any agreement with a foreign organization without the approval of the cabinet. There is need therefore for fresh negotiations and agreements with the UNDP,” he said.
Mangwana further highlighted that the constitutional reform process needed to be bankrolled to the tune of US$36 million adding that the UNDP had recently disbursed about US$18 million.
Labels: CONSTITUTION, COPAC, ERIC MATINENGA, UNDP
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Devolution 'dear to MDC' - Minister
08/06/2009 00:00:00
by Lebo Nkatazo
DEVOLUTION “is an issue which is dear to the MDC’s philosophy”, Constitutional Affairs Minister Eric Matinenga has said. Matinenga said devolution was in the MDC’s manifesto and the party intended to see power decentralised when a new constitution is enacted, possibly in two years.
“It has always been a position of the MDC that power has unfortunately been concentrated in one person and we need to make people feel that they are part of Zimbabwe and that they are exercising some power,” Matinenga said in a radio interview on Friday.
He said devolution was “an issue which is very much alive in the constitution making process and I’m sure that this issue will thoroughly be debated, canvassed and addressed in our new constitution. ”
His comments follow a statement by Water Resources Minister Samuel Sipepa Nkomo who said the MDC led by Prime Minister Morgan Tsvangirai would back devolution plans which could see the country divided into five regions, each with a parliament of its own as well as a prime minister.
But Lovemore Madhuku, chairman of the National Constitutional Assembly (NCA) pressure group, warns devolution may fail to be adopted in the constitution if the current parliament-led constitution making process is not abandoned.
The NCA favours a “people-driven” constitution making process, free from political interference.
Madhuku said: “Good things in a constitution like devolution only come out of a good process. The current process is not a good one. So I don’t have to wait for … the draft to know that under the current process, Zanu PF will not accept devolution, they will shoot it down, the MDC will be forced to accept it if they go with that process. ”
Madhuku warned the MDC may be left fighting for its political future if devolution was not adopted.
“If we don’t get devolution in the constitution that Minister Matinenga is presiding over, then obviously, Sam Sipepa Nkomo and all those people who have put across that proposal will campaign for a ‘NO’ vote because I don’t see why they would accept a constitution without devolution. ”
Calls for devolution are particularly strong in the Matabeleland region where there is a perception that the Zanu PF government has deliberately sidelined the region.
But Madhuku insists calls for devolution are a national sentiment, as demonstrated by the MDC’s manifesto.
“I think Zimbabweans across the various ethnic divides here appreciate devolution. Devolution is not for Matabeleland; it’s devolution for the rest of the country so it is wrong for those … of course in this case Sipepa Nkomo announcing it might have served the impression that it’s a Matabeleland thing.
It’s not a Matabeleland thing. Devolution is an aspect of what we would want to see our country develop into, and this is why it is in the MDC manifesto, it’s a progressive thing. ”
He said the NCA’s draft produced in 2000 when Zimbabweans voted to reject a government-led constitutional reform process “is the best document on devolution that you can come across”.
He added: “The NCA draft came out from the input of the people so I’ve no doubt that if there’s a genuine constitution making process in this country, devolution would end up in the constitution in the manner close to what the MDC-T say.
“The unfortunate thing about the MDC-T’s position is that they will not get devolution from this process that they have embarked on. ”
Matinenga told SW Radio Africa’s Violet Gonda that a new constitution may be in place as early as the end of 2010.
He revealed: “The first step was the establishment of the (parliamentary) Select Committee which was done on April 12. In terms of the GPA (power sharing agreement), we must then hold the First All Stakeholders Conference within three months of April 12, which takes us to about 12/13 July.
“After that, we have four months of formal consultations which will take us to about mid-November. Then after that we have the time to do the real writing of the constitution, another three months which takes us to mid-February 2010.
“Then thereafter we go to a second All Stakeholders Conference which looks at the draft against what the people have said. Thereafter we take that draft to parliament and we go to a referendum. That is roughly the timeframe. ”
Labels: DECENTRALIZATION, DEVOLUTION, ERIC MATINENGA, LOVEMORE MADHUKU, NCA
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