Mashudu Netsianda Senior Court Reporter
THREE Grain Marketing Board (GMB) workers who defrauded their employer of more than $46,000 by forging receipts for fictitious grain deliveries of up to 170,535 metric tonnes, were yesterday sentenced to five years in jail each. Samuel Bongo, 30, Haruzivi Ishe Zishiri, 35, and Lynnah Ndagurwa, 33, pleaded not guilty to fraud charges when they appeared before Bulawayo magistrate Mark Dzira.
They were, however, convicted due to overwhelming evidence.
The trio will serve an effective two years in jail after six months were suspended for five years on condition of good behaviour.
Of the remaining 54 months, 30 months were further suspended on condition they restitute $15,642.48 each to GMB through the clerk of court by December 31.
Prosecuting, Tinashe Dzipe narrated how between November 20, 2010 and March 24, 2011, Bongo connived with Zishiri and Ndagurwa and forged receipts purportedly for grain, which was delivered under the names of Shadreck Makosa, Dephine Teurai Zinyama, Mkhumbulo Mathe and Caroline Nyathi.
The trio claimed the four were farmers who had delivered maize to Lusulu depot in Binga District.
The court was told that having finalised the deal, Ndagurwa, who worked as an accounts clerk at GMB Belmont and responsible for writing vouchers and making payments for delivered maize in the Matabeleland region, processed the payments for the transactions. She fraudulently released the money purportedly to pay for the fictitious grain delivered.
Zishiri, whose duties included checking grain receipts raised by Bongo, liaised with Ndagurwa and deposited funds into an FBC Bank account under the name Dephine Teurai Zinyama.
“Another deposit by Ndagurwa using RTGS was done and the funds were deposited into a CBZ account held by Caroline Nyathi. Other payments were made in respect of all grain receipts raised in the name of Shadreck Makosa and Zinyama,” said Dzipe.
The money was later withdrawn by Zinyama and Nyathi following a directive from Zishiri and they surrendered it to him.
An audit was carried out by GMB management which revealed that no grain was delivered as per the fake receipts.
It was also established that the fictitious farmers whose names appeared on the receipts never delivered the maize to GMB Lusulu depot.
The trio prejudiced GMB of $46,897.26, which they pocketed and nothing was recovered.
The trio is however, denying the charges, arguing that maize was delivered by one Elliot Ndlovu and Mathe using the names of Nyathi and Zinyama as farmers.
In their defence through their lawyer, Ndivhadzo Siphuma of Sansole and Senda Legal Practitioners, the trio told the court that Lusulu depot operated without enough resources hence the problems in adhering to the company procedures.
However, Dzira found the three guilty of fraud.
“From the evidence on record, the court is satisfied that the state has proved its case beyond reasonable doubt. The three connived and prejudiced their employer of $46,897.26. There is no doubt that the crime involved a lot of planning with the execution part of it done in Binga and completed in Bulawayo.
“Accordingly the court finds the accused guilty as charged,” ruled Dzira.



