Online Reporter
Thupeyo Muleya
Beitbridge Bureau
THE Beitbridge Provincial Magistrate Court has sentenced a 28-year-old customs clearing agent based in the border town to an effective two years for defrauding a Harare-based civil servant of US$15 700 in a botched vehicle import deal.
Evans Nzara of Khwalu 1 suburb was found guilty following a lengthy trial.
Magistrate, Ms Patience Madondo, handed down the sentence on Wednesday.
She suspended one year of her three-year jail term on condition that he doesn’t commit a similar offence in the next five years.
He will serve an effective two years.
In passing the sentence, the magistrate noted that the offender had brought into the country a vehicle with a taempered chassis number on TIP, yet the alleged owner was eligible for a TIP, forged two registration books which were submitted to the Zimbabwe Revenue Authority (Zimra), amongst other things.
She also highlighted that Nzara’s moral blame-worthiness and aggravation outweigh mitigation and that the prejudice was not recovered as the vehicle was impounded by Zimra.
In addition, she said the prejudice to Zimra hurts the fiscus and that the offence was committed in aggravating circumstances.
Nzara was arrested in January for a crime committed in May last year, after spending most of the time hiding in South Africa.
Beitbridge Area Prosecutor Mr Ronald Mugwagwa proved that on May 10 last year, Hamufare Mugauri engaged Nzara to import a 2014 Toyota Hilux single cab from South Africa on his behalf.
Nzara indicated that he would also assist Mugauri with the shipment processes and on May 15, he advised the complainant that he had found the car in South Africa, valued at US$10 700.
The court heard that he then instructed Mugauri to deposit the money into a CABS bank account he alleged belonged to his company.
Mugauri deposited the money in the account and Nzara acknowledged receipt via a WhatsApp message.
An additional deposit of US$700 was made via mobile money transfer services EcoCash on the same day.
Nzara bought a Toyota Hilux single cab in South Africa but did not have it deregistered as per the agreed terms and he fraudulently imported it into Zimbabwe after allegedly manipulating the Temporary Import Permit (TIP) facility.
Upon delivering the vehicle, Mugauri discovered it was a 2010 model and not the 2014 model he had requested and that it had not been deregistered in South Africa.
The State said that after the complainant raised concerns, Nzara promised to deregister the vehicle from South Africa and register it in Zimbabwe and that the process would require an additional US$4 800, which he was given.
Later in September last year, Nzara advised Mugauri that he had completed all the processes and the payment of import duty and sent a customs receipt as proof.
The fraud came to light when the vehicle was impounded by the police in Harare for not having registration plates.
The State said the accused person became evasive when the complainant asked about the registration plates until he decided to report the matter to the police.
Police investigations revealed that the accused person had allegedly imported the vehicle using a fake TIP and that he had doctored the vehicle registration certificate.
It was also discovered that the vehicle had not paid import duty and that he had shown the complainant a fake customs duty payment receipt.
Nzara was arrested in January after being lured by detectives during a trap in January this year and the US$15,700 is yet to be recovered.
