KEY POINTS
- Court cites unclear evidence of Mahachi’s role.
- Executive committee approved the Augur contract.
- Defense argued Mahachi followed council instructions.
Harare’s magistrate on Monday acquitted former city clerk Tendai Mahachi. Mahachi had faced allegations of improperly authorizing a $80 million contract without going through a competitive bidding process.
The ruling concluded a high-profile case that focused on Mahachi’s role in awarding a contract to Augur Investments for roadwork on the Joshua Mqabuko Nkomo Expressway.
Prosecutors alleged that Mahachi, alongside city official Michael Mahachi, engaged Augur Investments for the construction of the expressway in 2008 without following public tender procedures.
The court heard that the project agreement was approved under a Memorandum of Understanding (MOU) between Augur and Harare City Council, but defence attorney Admire Rubaya argued that Mahachi was not personally responsible for procurement decisions.
Court cites lack of clear evidence
Magistrate Vongai Muchuchuti ruled that the state had not clarified Mahachi’s responsibilities in the contract process, adding that the council’s executive committee made key project decisions and approved the MOU with Augur.
Muchuchuti also pointed to testimony from Dr. Mafoti, a council executive committee member, who said the committee, not Mahachi, authorized the partnership with Augur.
“Dr. Mafoti’s testimony clearly exonerated the accused, as the executive committee made all key decisions,” Muchuchuti said.
Defense points to collective decisions
Rubaya emphasized that Mahachi was following instructions from Harare’s executive committee, which had delegated authority from the city commission.
He argued that Mahachi acted only as an official signing on behalf of the council, not as a decision-maker, and was therefore not liable for bypassing procurement rules.
The case’s resolution underscores complexities in public sector governance, where overlapping roles in city councils can complicate procurement processes. Mahachi’s acquittal may raise questions over how responsibilities are defined in similar public sector contracts.
