Africa-Press – Zimbabwe. Zanu PF Midlands provincial vice- chairperson, Lewis Matutu, has been acquitted of the fraud US$150 000 fraud charge where he was accused of stealing shares in a local mining company.
Matutu and his co-accused Blessing Kusangaya, Tafadzwa Kusangaya, Muzimba Muhamba and Chikwasha Muhamba were being charged for illegally seizing shares in Shisib Investments.
The matter was heard by Harare regional magistrate Noel Mupeiwa, who acquitted them for lack of evidence.
Mupeiwa ruled that the State led by Anesu Chirenje failed to prove claims that the accused persons forged the company’s annual returns for the period 2014 to 2017 as alleged.
The magistrate said since the forgery of the company annual returns formed the basis for the charge, the court could not convict them without evidence.
During the submission of evidence by the accused’s lawyers, Moffat Makuvatsine, the court heard that the company’s annual returns were being handled by one Nyaradzo Chirisa , who would also prepare the company documents.
The lawyers questioned why Chirisa was not called to testify on whether or not the accused persons forged the documents.
The complainant also confirmed giving directorship and shares to some of the accused persons, saying there was no reason that could in turn influence them to steal what had already been allocated to them.
Mupeiwa ruled that no evidence was given on the terms of operation of Shusib Investments (Pvt) Ltd t/a CMK Mining Syndicate.
He said all evidence before the court showed that there was no time any of the accused persons interfered with Shusib Investments (Pvt) Ltd as a stand-alone company.
The State had alleged that the accused persons prepared annual returns dated April 30, 2018, which were back-dated to 2014,and forged signatures of both the complainant and one Lyton Shumba.
The State had alleged that they went onto to make Shumba sign as company secretary and notified the Registrar of Companies that changes had been made in terms of shareholding structure and directorship of Shusib Investments, with the accused purporting to be majority shareholders.
The State had alleged that, using the illegally acquired shares, the accused attended the company’s annual general meeting on November 19, 2024, and removed the complainant from directorship of his company, and also resolved to change the company address.
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