Drax Consult SAGL Zimbabwe representative Delish Nguwaya on Saturday appeared in court facing two counts of fraud.
Some commentators are of the view that the charges have been made in such a way that it would appear as if Nguwaya did not commit any serious offence and will most likely be released, the routine “catch and release”.
Below are details of the first count:
1. The accused person is Delish Nguwaya male adult employed as the country representative for Drax Consult Sagl and Drax International LLC.
2. Complainant is the State represented by Dr George Mhlanga.
3. Sometime in 2019 the accused person having connived with one Ilir Dedja still at large tendered an expression of interest in the supply of Medicines through a US$20 million loan facility under a company called Papi Pharma and it was turned down after a vetting process by the relevant government department.
4. A short period after Papi Pharma’s expression of interest was turned down the Ministry of Health and Child Care received from the accused person another expression of interest dated 22 August 2019 for a similar $20 million medical supply facility now under a company called Drax Consult SAGL. The letter was addressed to the Minister of Health and Child Care Dr Obadiah Moyo. Copy of the letter dated 22 August 2019 (Annexure A]. The accused person again featured in the Drax Consult SAGL Company, in the same manner, he had featured in the Papi Pharma documents an indication that he was basically the same person.
5. In the expression of interest document the accused persons misrepresented that Drax Consult SAGL was a pharmaceutical company based in Switzerland whereas it was merely a consulting company with no experience in the manufacture or supply of drugs and medicinal products.
6. Acting on the misrepresentation the Minister of Health and Child Care initiated a process through his then permanent secretary Doctor Agnes Mahomva which involved communication among all the relevant stakeholders which included Ministry of Health, Ministry of Finance, Procurement Regulatory Authority of Zimbabwe (PRAZ) and NatPharm culminating into a contract of supply of Medicines and Medicinal products between NatPharm and Drax Consult SAGL.
7. During the consultation process and in the furtherance of their criminal enterprise and at the end of November 2019 the accused Delish Nguwaya presented himself before Flora Nancy Sifeku the NatPharm Managing his accomplice only identified as Ilir Dedja as the owner of the Drax Consult SAGL.
8. During the consultation process several written communication between the accused person and the government officials were made and delivered by the accused person and of particular importance is a letter or dated 03 October 2019
9. On 19 December 2019, a written contract was eventually made between Drax Consult SAGL and Natpham in which the accused Delish Nguwaya appended his Signature as country representative for Drax Consul SAGL and Ilir Dedja as the owner for Drax Consult SAGL.
10. Having entered the contract through fraudulent means the accused persons using Drax Consult Sagil then supplied Medicinal products worth US$2 million to the Ministry of Health and Child Care through Natpham.
11. The accused person’s conduct was unlawful and caused prejudice to Good Administration to the Zimbabwe Government as the government officials acted on the misrepresentation to process contract papers.