- Part VI: Submissions by relevant Parties/Witnesses
The Committee received both oral and written evidence from nine (9) witnesses. The evidence is on record and incorporated herein as if set forth in full and will, therefore, not be repeated herein except where it is required for emphasis. The following is the Committee’s analysis of the submissions of various witnesses to the Committee-
6.1 Analysis of the Submissions by Mr. Goddard
6.1.1 Mr. Goddard is the Chief Executive Officer of JR Goddard Contracting Company (JR Goddard). His testimony was corroborated by Mr. Steyn who affirmed that Mr. Tundiya called Mr. Steyn on 15 November, 2018 impressing the necessity for him (Mr. Goddard) to travel to Harare for a meeting with the Portfolio Committee on Mines and Mining Development. The purpose of the meeting was to discuss the proposal for JR Goddard to mine at Hwange Colliery.
6.1.2. Prior to this, Mr. Tundiya and Mr. Goddard had visited Hwange Colliery where they convened a meeting with the mine management at the mine premises, including inspection of the mining site. The agenda was the proposal for JR Goddard to mine at Hwange Colliery. This meeting was once again facilitated by Mr. Tundiya.
6.1.3. Mr. Goddard further testified that the purpose of his meeting with Mr. Tundiya in Shangani on 15 November 2018 was to strategize on meeting the Members of the Portfolio Committee on Mines and Mining Development in view of the Committee’s impending visit to Hwange Colliery on 16 November 2018.
6.1.4. That visit to the mine would include discussions by the Committee on who could partner with Hwange Colliery in the mining operations. As a result, it became vital that he and Mr. Tundiya meet the Portfolio Committee on Mines and Mining Development before the Committee travelled to Hwange. Apparently, that was the reason Mr. Goddard and Mr. Tundiya drove to Harare for the meeting on that very night. On their way, they picked Mr. Steyn at Selous and proceeded to JR Goddard offices in Borrowdale, Harare.
6.1.5. Present at the meeting were the four Honourable members, Mliswa, Ndebele, Chikomba and Sibanda. At the meeting, it was emphasized to J.R. Goddard and his team that the Portfolio Committee on Mines and Mining Development had been mandated to come up with recommendations on who should mine at Hwange Colliery.
6.1.6. The Committee on Mines and Mining Development had influence on who could mine at Hwange Colliery. Hon. Mliswa left before the meeting ended, saying he had family commitment. After the meeting in the board room, Hon. Ndebele went and sat in the car. Hon. Chikomba and Hon Sibanda continued to talk to Mr. Goddard and his team in the car park. There was a part of a discussion by Hon. Chikomba, Hon Sibanda and Mr.Tundiya in Shona language.
6.1.7. Mr. Steyn and Mr. Tundiya continued engaging the two Honourable members. It was during that discussion, in the car park, that Hon. Chikomba instructed Mr. Tundiya to request a facilitation fee of $400 000 from Mr. Goddard to ensure his company secured a mining contract at Hwange Colliery.
6.1.8. Hon. Chikomba submitted his bank details into which the payment could be made. Mr. Goddard however denied that he was interested in the Hwange contract.
6.1.9. From the evidence recited above, this assertion by Mr. Goddard cannot possibly be true. In fact, it is preposterous. After being approached by Mr. Tundiya on the proposal to replace the contractor at Hwange Colliery, he personally travelled to Hwange and met the Colliery management team at their premises.
6.1.10. He even toured the mining site. When he was called by Mr. Tundiya and advised on the necessity to meet Members of the Mines Committee in Harare, he responded promptly and requested his Mining Director (Mr. Steyn) to accompany him to Harare on the same day. It is unconvincing that such a renowned business person could travel about 400km from Shangani to Harare for a meeting at night without prior knowledge of the agenda of the meeting.
6.1.11. In his affidavit, Mr. Steyn, stated that Mr. Tundiya had insisted through a phone call, that Mr. Goddard should travel to Harare to discuss the proposal of their company to mine at Hwange Colliery.
6.1.12. During the oral evidence session, Mr. Tundiya indicated that he had no other business with Mr. Goddard besides the Hwange Colliery mining contract. The same subject was discussed during the meeting in Borrowdale with the Members of the Committee on Mines and Mining Development.
6.1.13. The Committee was, therefore, persuaded to believe that Mr. Goddard was more than eager to secure the contract to mine at Hwange. However, his reason for professing lack of interest in the mine could not be conclusively discerned from the evidence. It could have been an attempt to lessen his moral blameworthiness in the circumstances underlying this allegation.
6.1.14. Mr. Goddard was firm in his allegations as it particularly relates to Hon. Chikomba and Hon. Sibanda. However, the impression underlying Mr. Goddard’s allegations was vehemently denied by Hon. Chikomba and Hon. Sibanda.
6.1.15. Although Mr. Goddard’s testimony was corroborated by Mr. Tundiya, Mr. Steyn and Hon. Ndebele, Hon. Chikomba’s view is that the conclusion by Mr. Goddard on the discussion between them and on the alleged mentioning of the figure of $400,000.00 to Mr. Steyn and Mr. Tundiya was rather preposterous.
6.2 Analysis of the Submissions by Mr. Steyn
6.2.1 He is the Mining Director of JR Goddard Contracting. On the night in question, he was picked at Selous by Mr. Goddard who was in the company of Mr. Tundiya. The three of them proceeded to Borrowdale offices of JR Goddard where the meeting was to take place. His evidence in all material respects and aspects corroborated that of Goddard on what transpired at the meeting and thereafter. We will therefore not rehash the same.
6.2.2 Crucial in his evidence was the statement that the $400 000 was mentioned as it relates to the allegations against the four Members of the Committee on Mines and Mining Development.
6.2.3. However, he was the only one who stated that the amount of $400 000 was mentioned. This aspect of Mr. Steyn’s statement was in sync with statements attributed to Hon. Chikomba and Mr. Tundiya and Mr. Goddard, although the impression and conclusion made out of any alleged reference to money differed from Hon. Chikomba.
6.2.4. On Mr. Steyn’s version, it was Hon. Chikomba who stated that if Mr. Goddard could not afford $400 000, he could pay $200 000 with the balance to be paid after getting the contract. Although Hon. Sibanda argued that this discussion related to settlement of Hon. Chikomba’s debt by Mr. Tundiya, he confirmed Mr. Steyn’s version when he indicated in his affidavit that he overheard Hon. Chikomba telling Mr. Tundiya that part of the money would be deposited the following day.
6.2.5. He also inquired on the modalities for payment and Hon. Chikomba offered that the money be deposited into his account. Hon. Chikomba then furnished his account details on a piece of paper.
6.2.6. In their submissions, the two accused Honourable Members admitted that this indeed happened. They argued though that this was for payment of a debt owed to Hon. Chikomba by Mr. Tundiya. What remains preposterous about that assertion is that by whatever exchange rate a debt of at most US $2100 could not suddenly balloon to the $400 000 which was to be paid into Mr. Chikomba’s account.
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