The Delish Nguwaya and Drax International court case is designed to fail according to top lawyer Alex Magaisa. Magaisa says the government has no way off avoiding the payment to Drax International as they will be sued for breach of contract.
Delish Nguwaya is currently in remand prison after his first court appearance over ‘fraud’. The state is alleging that the Mnangagwa linked business man defrauded the state. However top lawyers believe the case should be against top government officials who gave Drax International a contract without going to tender.
Here is Magaisa’s assessment of the Delish Nguwaya court case:
I’ve read the police documents in the Nguwaya criminal investigation concerning #DraxGate #CovidGate It’s a classic example of a case that is deliberately designed to fail. The defence lawyers will have a field day. The scandal is they are presenting this facade as action.
If anything, facts suggest that if sued by Drax, the government, through NatPharm, will be held liable for breach of contract. The government freely entered into 2 contracts with Drax. The real scandal is how & why Drax got the contracts if the government did due diligence.
It is senior government officials, especially the Minister of Health, who have serious questions to answer because they hold public office & are custodians of public funds. How did they allow US$60 million public contracts to be awarded to a company represented by a criminal?
The charges are spurious. Easy to tell. Lawyers will simply argue that the facts do not disclose an offence. That the case is weak case is deliberate. The regime wants to give a false impression that it’s fighting corruption when in fact it’s actually protecting the corrupt.