By Takunda Mandura
Harare City Council says it is going to take disciplinary action against officials who slept on duty which resulted in them taking delivery of wrong skip truck from FAW Zimbabwe.
According to minutes from the councils’ Environmental Management Committee dated 3 June 2019, City of Harare entered into a Memorandum of Agreement with FAW Zimbabwe in 2016 for the delivery of 10 double skip trucks.
Clause 13 of the Memorandum of Agreement required the City of Harare to carry out a pre-delivery inspection before taking delivery of the skip trucks.
However, Harare City Council took delivery of the single skip trucks as opposed to double skip trucks that had been ordered.
In its resolution on the matter, the Environmental Management Committee which is chaired by Ward 41 Councilor Kudzai Kadzombe resolved to take disciplinary action against the officials who inspected and approved the delivery of FAW single skip bin trucks instead of double skip bin trucks.
The committee also agreed that the matter is referred to the Human Resources and the General Purposes Committee.
The Environmental Management Committee further resolved that council recovers the difference in value between the single skip bin trucks supplied and the double skip trucks that ought to have been supplied.
Harare City Council has however been using these wrong skip trucks since March 2018.
According to the committee minutes, acting Chamber Secretary Rudaviro Chimhenga had referred the issue to the city council’s external lawyers for an independent legal opinion.
The legal opinion essentially stated that contractually where there was a breach, such as in the case under consideration, two options were available to the aggrieved party namely, specific performance and cancellation and claim for damages.
However, specific performance was no longer possible because the council took delivery of the wrong equipment and proceeded to use the same for over a year.