Online Reporter
Danisa Masuku, [email protected]
THE matter involving Bulawayo-based lawyer Zibusiso Charles Ncube, which was scheduled to kick off today, has been postponed to tomorrow after the his lawyers served the State with an exception to the alternative charge.
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].
He appeared in court today before Bulawayo Regional Magistrate, Mr Mathew Mutiro, for the scheduled commencement of trial. However, trial could not proceed as the defence’s lawyers submitted that they did not want to “shoot in the dark” and insisted that they wanted the prosecution to respond to their application.
The State, represented by Ms Nomthandazo Mafu, argued that the accused’s lawyers should make an application for an exception before it responds.
“There is no law that states that we respond to an intention. We respond to what has been presented in formal writing to us,” argued the State.
The magistrate said he wanted to make a detailed ruling and postponed the matter to tomorrow.
Ms Mafu told the court that Ncube 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 Ms Mafu.
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.
