Complainant testifies against Bulawayo prominent lawyer Zibusiso Ncube over US$26 000 misappropriated funds

THE trial of prominent Bulawayo lawyer, Mr Zibusiso Ncube, kicked off yesterday at the magistrates’ court before regional magistrate, Mr Mathew Mutiro.

Ncube, a lawyer at Ncube and Legal Practitioners, is accused of misappropriating US$26 000 in trust funds and faces charges of theft of trust property under Section 113(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Ncube was accompanied by his wife, who is also a lawyer, and Mr Thabekhulu Dube, another lawyer. Ncube, who is a Christian with a local church, would indulge in prayer with family members outside the courtroom at every adjournment.

The complainant, Ms Debra Anne Montocchio, director of Foojip Investments (Pvt) Ltd, testified saying: “I gave the money to Ncube’s law firm but I did not hand it to Mr Ncube.”

Asked by Advocate Reginald Mutero who she gave the money to, Ms Montocchio said:

“I gave it to someone at the law firm and it must have been an accountant”.

However, the matter was postponed to 14 April as the State witnesses, who are the investigating officer and an official from the Zimbabwe Revenue Authority, failed to turn up at court. The State will summon the witnesses.

Prosecutor, Vhusani Moyo told the court that Ncube allegedly unlawfully converted US$26 000 entrusted to him to pay capital gains tax to the Zimbabwe Revenue Authority (ZIMRA) in a land transaction involving Foojip Investments (Pvt) Ltd.

Sometime in 2021, Ncube acted on behalf of Qoki Zindlovukazi Investments (Pvt) Ltd in the purchase of a 38.8495-hectare property known as Subdivision E of Douglasdale for US$520 000. After the agreement of sale was signed, Foojip director Debra Anne Montocchio allegedly gave Ncube US$26 000 to settle capital gains tax, said Mr Moyo.

Ncube reportedly acknowledged receipt of the funds on 12 January 2022 and undertook to remit the money to ZIMRA and secure a tax clearance certificate. However, the State alleges he failed to pay the tax, diverted the funds for personal use, and provided false assurances when pressed for proof of payment. The matter was later reported to the police, leading to his arrest.