FINDINGS AND OBSERVATIONS
- The Committee came to the conclusion that the agreements executed by ZINARA and Univern are null and void for want of compliance with Zimbabwe’s laws. The Procurement Act [Chapter 22:14]was not complied with nor was condonation properly granted. For the avoidance of doubt, the agreements are a legal fiction and the authorities should start afresh.
- The Committee also came to the conclusion that agreements are unconscionable and against the public policy of Zimbabwe. They are against public morality (contro bonos mores). The Committee says so on the basis of the huge amounts that are being paid, the absence of significant investment by Univern, the duration of the contract and the exclusive monopoly ownership of the software’s intellectual property even at the conclusion of the agreement.
RECOMMENDATIONS
- Having established that the agreements are null and void, and a legal fiction, the Minister of Transport and Infrastructure Development must take the urgent corrective measures consistent with our finding of nullity, and must protect the interests of Zimbabwe.
- That the Minister of Transport and Infrastructural Development must report to Parliament within two months from the date of this report on the urgent corrective measures taken pursuant to our declaration of nullity.
- ZINARA must, through the Minister of Transport and Infrastructural Development, present to Parliament within two months:
- a breakdown of all amounts paid to Univern by ZINARA from inception to date;
- the breakdown of all monies that have accrued to ZINARA in respect of tolling, motor vehicle licences and transit fees; and
- details of the capital outlays made in the construction of tolling gate infrastructure and sources thereof of the finance.
- This report and the Audit Report are referred to the Zimbabwe Anti-Corruption Commission (ZACC) within two (2) weeks of its adoption by the National Assembly, for a thorough investigation on commissions and omissions by named individuals and officials that include officials at or previously with ZINARA, Univern and the State Procurement Board.
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