Moffat Mungazi
Ray Bande
Senior Reporter
FORMER Manicaland Provincial Mining Director, Elton Makombe, who is facing charges of criminal abuse of office, was remanded out of custody to June 23 on US$200 bail.
Makombe is currently the Ministry of Mines and Mining Development’s Mashonaland West Provincial Mining Director.
The alleged criminal abuse of office occurred while Makombe was serving as provincial mining director for Manicaland.
Makombe is facing charges of criminal abuse of duty as a public officer, as defined in Section 174 of the Criminal Law (Codification and Reform) Act (Chapter 9:23).
He appeared before Mutare provincial magistrate, Mr Tendai Mahwe last Thursday.
He was represented by Ms Dorothy Mutungura, of Maunga, Maanda and Associates.
Mrs Mrs Joice Tinarwo prosecuted.
She explained that Makombe’s duties, among others, include administration of the Mines and Minerals Act and other complimentary laws, administration of mining titles and mining activities.
During the bail application hearing, the court was informed that on November 23, 2021, Helder De Sa, a director of Felidae Investments (Pvt) Ltd, concocted a plan to defraud Mr Manuella Sigauke of his ownership of Odzi 1 and 2 mines, which operated under MC Mining Syndicate.
Mrs Tinarwo said Helder De Sa deceived the unsuspecting Mr Sigauke into signing documents that effectively donated the mines to Felidae Investments (Pvt) Ltd, a company co-directed by De Sa and his wife.
On December 1, 2021, the court heard that Mr Sigauke discovered that he had been deceived into relinquishing his rights, and promptly wrote to the Ministry of Mines and Mining Development (Manicaland), to abort the transfer.
He also notified Helder De Sa of this development.
On February 18, 2022, the Manicaland mines office wrote to both parties – Mr Sigauke of MC Mining Syndicate and De-Sa Helder Jose Barbosa, of Felidae Investments – acknowledging having received Mr Sigauke’s revocation of the transfer.
The letter advised that if the parties still wished to pursue the transaction, they should resubmit their application within 21 days of receiving the letter.
On August 4, 2023, Helder De Sa allegedly wrote to the accused, falsely claiming ownership of MC Mining Syndicate, and arguing that he possessed the relevant legal documents.
He requested that the Manicaland mines office effect the transfer.
However, on November 4, 2023, Makombe disregarded the owner’s instructions to halt the transfer, and instead issued instructions for the processing of the transfer, acting in contravention of the owner’s earlier directives.
The court heard that on September 30, last year, Makombe proceeded to effect the transfer of Odzi 1 and 2 mines from MC Mining Syndicate to Felidae Investments (Pvt) Ltd.
It is alleged that Makombe disregarded a crucial requirement, namely that the Mutare Rural District Council rate clearance certificate, issued in terms of Section 109 of the Rural District Council Act, had expired on December 30, 2021.
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