Munyaradzi Doma Fuel challenges currently being experienced in the country are now affecting the justice delivery system after an accused in a US$1,4 million fraud case could not be brought to Harare from Bulawayo because Zimbabwe Prisons and Correctional Services vehicles did not have fuel. This was revealed in the case in which Hosea Mkwananzi representing Converging Investments, Ismail Moosa Lunat and Mahomed Iqbal Lunat allegedly swindled USD$1,4 million from a business colleague in a botched property deal. The case was supposed to be heard before Harare Magistrate Morgan Nemadire, when lawyer Nqobani Sithole revealed that Ismail Lunat was at Bulawayo's Khami Prison where he was locked up for another case but ZPCS had failed to bring him to Harare. "Accused 2 (Ismail Lunat) is currently held at Khami Prison in Bulawayo over a 2018 case but prisons did not bring him to Harare because they don't fuel. "However accused 2 and 3 have concerns because of these days, delays which are being caused by the State. There is a court order that the accused should be brought to Harare. "Whether there is fuel or no fuel, court orders should be followed," submitted Sithole. In response, prosecutor George Manokore said challenges of fuel are public knowledge hence could not be blamed on the State. "This fuel issue is not our own making because it is well known that issue of fuel is a national issue, it is affecting individuals, companies and even ministries are also affected," said Manokore. Magistrate Nemadire ruled that the case should continue tomorrow and the State should put its house in order so that the case continues. The complainant in the matter is Toppers Uniforms represented by Mahomed Zakariya Patel. It is said Patel is a close associate of the the two Lunats and that his (Patel) sister is married to the two’s brother’s son. Allegations are that sometime in August last year, Moosa Lunat approached Patel saying that he was selling one of Mkwananzi’s properties in Bulawayo for USD$1,5 million. It is the State’s case that Moosa Lunat said the property was developed with a two story building. Indications are that Moosa Lunat invited Patel to Bulawayo to view the property and he viewed it, before he (Patel) asked for a discount. It is alleged that Moosa Lunat reduced the price to USD$1,4 million and an agreement was reached. On September 4 last year, it is said a written agreement was signed but in all of this, it is alleged Patel thought all was in order. Patel is alleged to have been given some title deeds which were said to be originals not knowing they were fake. The said property is alleged to have been sold to Timothy Mafuka Nkomo in 2005 by Iqbal Lunati represented by Moosa Lunat. Thinking that everything was above board, it is said Patel paid USD$1million to Moosa Lunat in Bulawayo and the latter signed for the money. On November 25 last year, it is said Moosa Lunat approached Patel seeking balance of USD$400 000 and the latter paid the money. In further pursuant to the fraudulent act, it is said Moosa Lunat had the property revalued to USD$2,2 million and he asked Patel to top up on the initial amount he had paid. Patel is alleged to have denied the top up. It is the State’s case that Patel started asking for the deed of transfer but Moosa Lunat became evasive. Iqbal Lunat is said to have been roped into the deal and it is said he alleged that he had been sent by Moosa Lunat to demand the said original deed of transfer. It is alleged Iqbal Lunat further told Patel that the said property had not been sold and that Moosa was never Mkwananzi’ director hence he could not sell the property. When Patel made further inquiries he discovered that the documentation he had been shown for the property was all fake and he had lost USD$1,4 million and nothing was recovered.
Munyaradzi Doma After being released from Remand Prison on Tuesday, flamboyant businessman Genius "Ginimbi" Kadungure was back in court again on Thursday after being arrested on a new case of submitting fake invoices for the importation of his Royce Rolls Ghost which prejudiced ZIMRA of US$90 000 in unpaid duty. This time around, the State led prosecutor George Manokore did not oppose bail. Harare Regional Magistrate Hosea Mujaya ordered Ginimbi to pay ZW$5 000 bail coupled with other conditions and he will be back in court on March 19. Jonathan Samukange who is representing Ginimbi, said the socialite is "denying the false allegations" and will challenge the same at trial. Allegations are that sometime in October 2017, Ginimbi went to Daytona in Johannesburg, South Africa, where he bought a Rolls Royce Ghost for 5 million rand. In a bid to con ZIMRA, he allegedly forged the invoice to show as if he had bought the car for 3 million Rand. It was heard that he went further to cook up a South African bill of entry as if the car had been cleared by the South African Revenue Services. The court further heard that in July 2018, with the fake documents, Ginimbi went to Beitbridge Border Post and presented them to ZIMRA officials who were on duty. He ended up being charged US$138 170 for duty, instead of US$228 430, thereby duping ZIMRA US$90 260. The court heard that investigations showed that Daytona had sold the car for 5 million rand as opposed to 3 million rand. Reports are that SARS also realised that the bill of entry used by Ginimbi was fake as it had been used to clear another vehicle.
Munyaradzi Doma A Harare Magistrate has ruled that former Minister of Health and Child Care Dr David Parinenyatwa has a case to answer in the matter in which he is facing criminal abuse of office charges. Magistrate Elijah Makomo revealed this while dismissing Parirenyatwa's application for discharge after the State had closed its case. Led by his lawyer Advocate Deepak Mehta who was instructed by James Makiya, Parirenyatwa had argued that the evidence led by the three witnesses was insufficient hence it warranted his acquittal but Magistrate Makomo ruled otherwise. Magistrate Makomo ruled that the evidence led by the State was sufficient for Parirenyatwa to explain himself on how he acted as he allegedly directed NatPharm board chairperson Dr George Washaya to terminate the contract of Flora Sifeku as managing director, showing favour for Newman Madzikwa, who had once been fired for reportedly selling donated drugs. "It is not seriously disputed that the accused wrote a directive for the secondment of Madzikwa, it is not in dispute that it was the sole mandate of the board and it is not in dispute that Madzikwa had once been fired for selling donated drugs. The accused had no authority to appoint Madzikwa. "At this stage presumption has therefore arisen that when accused person acted, he acted contrary to his duties," he ruled. The court added that the fact that Dr Washaya was a hostile witness was of no value. It was also ruled that the onus is now on Parirenyatwa to prove that when he acted, he was not showing favour to Madzikwa. Parirenyatwa will be back in court for his defence case on February 27.