ZEC given 21 days to reveal election material procurement details

Nyashadzashe Ndoro 

Chief Reporter

Lawyers representing Tapinanashe Chiriga, a Zimbabwean citizen, have written to the Zimbabwe Electoral Commission demanding information related to the procurement of election materials for the 2023 harmonised elections.

The lawyers from Wilmot and Bennett Legal Practitioners, are seeking clarity on the procurement processes used by ZEC, citing concerns over the transparency and accountability of the commission's dealings.

The lawyers' letter, dated June 26, 2024, references a statement issued by ZEC refuting claims of improper procurement contracting, but notes that the statement is not available on the commission's official website or social media handles. The lawyers are seeking confirmation whether the statement indeed emanated from ZEC.

The lawyers are requesting information on the bidding process used for ballot printing, the basis for implementing a particular method of bidding, and the notice requesting suppliers to submit proposals. They are also seeking copies of the contract award, signed contract, and any subcontracting agreements.

Furthermore, the lawyers are asking whether ZEC requested treasury to pay out the contract awarded and are seeking copies of all communication with treasury, proof of transfer to the supplier's bank account, and fiscal reporting orders.

The lawyers argue that their client, as a citizen of Zimbabwe, is entitled to this information in terms of the Constitution and the Public Finance Management Act, which requires public institutions to handle public funds transparently and accountably.

"Given that you are a public institution you are bound by the PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS ACT CHAPTER 22:23 you are obligated to follow the processes laid out in the said act.

"Our client therefore request for the following information:

"That you furnish us with all information relating to the form of bidding you applied in securing the services of ballot printing in the previous election;

"Further provide us the basis of implementing a particular method of bidding and the grounds for taking such a decision as envisaged in section 30 of the Public Procurement and Disposal of Public Assets;

"The notice requesting suppliers to submit proposals, name of publication, date of publication and a copy of such publication; (If it was competitive bidding or

"All records of present procumbent proceedings relating to the printing of ballots," the lawyers stated.

The lawyers have given ZEC 21 days to respond to their request, citing the Freedom of Information Act, which obligates public institutions to provide information within a reasonable time frame. Failure to respond will be deemed a refusal, according to the Act.

This development comes amid concerns that ZEC corruptly paid over US$100 million to South African company, Ren-Form CC, for the supply of election materials in relation to the 2023 elections.

The deal is linked to President Emmerson Mnangagwa's ally and ex-convict Wicknell Chivayo and his business partners Mike Chimombe, Moses Mpofu and Scott Sakupwanya.

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