The Ministry is very aware who the leadership is in these local authorities but flagrantly, the Ministry decided to ignore the requirement of the Urban Councils Act and the requirements of the Rural District Councils Act. You can say you have satisfied all the requirements of the law in terms of law making as far as the local authorities are concerned that will have engaged fire tenders operators. That process of consultation of course is important in a democratic society, however there are stipulated procedures like that a council is supposed to sit down and make a resolution to the effect that there is no resolution from this local authority. She is simply saying we did everything that we did because we were guided by the bilateral agreement which is against the spirit of section 327 of the Constitution. So, my humble submission is, this deal is a nullity and it does not stand a legal force.
HON. HAMAUSWA: Mr. Speaker, when the Minister responded, she did not answer the question which I asked that within the bilateral agreement, are there any provisions which state that Zimbabwe shall meet the contents or agreement by purchasing fire tenders from Belarus because the Minister is saying their decision was guided by this bilateral agreement. Can the Minister state in this House because we may have to approach the courts on whether we do have such an agreement called a bilateral agreement between Zimbabwe and Belarus? I suspect that there is no such agreement. I want the Minister to categorically state to this House because they are doing this under oath to say do we have such a document called a bilateral agreement between Zimbabwe and Belarus.
HON. CHOMBO: Thank you for awarding me this opportunity again to make some clarifications. As I said, the request from Hon. Machingauta that we did not consult and chose for the local authorities, I reiterate again that we consulted the local authorities through the forum. So, that one is null and void. We consulted as a Ministry.
Hon. Chikombo, I did not say we did not follow the Constitution but I said the procurement was overtaken by the agreement that we have between Belarus and Zimbabwe. You were querying why we engaged the forum. This one is a technical field and as such, the local authorities saw it fit for them to give us the specifications of the fire tenders.
Hon. Hamauswa, for sure there is a bilateral agreement and that one comes with other equipment. I think one of the Hon. Members mentioned about the issue of tractors that we got from Belarus. I would not want to delve more because it is not within my line Ministry but that bilateral agreement between Zimbabwe and Belarus is in existence. I thank you.
HON. MARKHAM: The point that Hon. Banda brought about US$68 000 to pay for five fire tenders, in fact I believe they were from the United Kingdom. There has been a history in all councils and people have constantly supplied tenders to us with the cost of transport being met by councils. There is no sanctions issue on paying the US$68 000. If you look at City of Harare, it would rather have five fire tenders for US$68 000 than pay off this massive debt. Can the Minister confirm that the council was offered the option?
HON. CHOMBO: I will have to go and check if they were offered that option. Thank you.
(182 VIEWS)
