Obadiah Moyo back in court
FORMER Health Minister Obadiah Moyo was back in court yesterday making an application to have the court strip off the reporting conditions which were ordered as part of his bail conditions.
Moyo appeared before Harare senior regional magistrate, Tranos Utahwashe seeking to have the court alter the condition that he reports three times a week.
Representing the State, Michael Reza opposed the application arguing that such an application can only be heard by the magistrate who granted bail according to Section 126 that Moyo was basing his application on.
“That particular section reads that the particular magistrate who granted bail can lawfully heard that kind of application, the basis of the objection is that the lawyer and his client are in the wrong court.
“The way forward would be to have the matter remanded to another date so that when the particular magistrate is available he may be approached properly,” said Reza.
Moyo’s lawyer said he consented that the particular magistrate was Chief Magistrate Munamato Mutevedzi but the application could be heard by any magistrate as it is an administrative issue.
Utahwashe remanded the matter to October 20 to make a determination.
The State alleges that on June 14 2019, an adverse report was received from the secretary of Foreign Affairs Ambasaddor J Manzou indicating that the company was linked to a terrorist group known as Gulen Movement.
The court heard that in March last year Moyo was approached by Delish Nguwaya, a country representative for Papi Pharma LLC who presented a letter of interest to supply medicine and medical sundries under a US$15 million loan facility.
Under normal circumstances, mail to the minitsy was supposed to be submitted through the office of the permanent secretary who in turn directs the mail to the minister.
After receiving the letter, Moyo reportedy directed former perm sec Dr Gwinji to process the paperwork and award the tender to Papi Pharma LLC under a direct purchase.
On March 20 2019, Gwinji wrote a letter to treasury requesting that due diligence be done on Papi Pharma LLC before it was contracted for business by the Government of Zimbabwe.
The court heard that using his position and influence, Moyo verbally directed Gwinji to engage Papi Pharma before a response on due diligence was received from Treasury and on March 25 2019, Gwinji received response from the Secretary of Finance and Economic Development George Guvamatanga requesting to be further furnished with comparative international prices for the various outlined in the schedule of the Papi Pharmi LLC.
Gwinji in turn directed Natpharm bodd Flora Sifeku who engaged Papi Pharma to proceed with the procurement process using a direct purchase method before due diligence was concluded causing a potential prejudice of US$15 million.
On the second count, Nguwaya approached Moyo on August 22 last year in the company of Illir Dedja, a legal representative of DRAX Consult SAGL with a letter of interest in the supply of medicines worth US$20 million under DRAX Consult.
Moyo gave the letter to former perm sec Dr Agnes Mahomva who wrote to treasury requesting due diligence.
On September 25, George Guvamatanga wrote to Mahomva advising that it wasn’t advisable to deal with DRAX due to the adverse due diligence report.
Minister Moyo used his influence and exerted influence on his subordinates and a direct purchase was made.
A third tender agreement of US$40 million was made for the purchase of Covid-19 medication.