Lawyer up for theft of trust property

Fungai Lupande Court Reporter
It never rains but pours for Harare lawyer Thomas Sakutukwa, who is facing up to eight charges of theft as he was last Friday slapped with two more fresh charges involving US$26 500. Sakutukwa (39), the director of New Native Properties, is facing theft of trust property charges and he appeared before Harare magistrate Mr Tendai Mahwe, who remanded him in custody to June 3.

Prosecutor Ms Sharon Mashavira alleges that sometime in April last year Sakutukwa was engaged to sell a flat, No. 6769 Glen Norah B in Harare, on behalf of a Mr Davis Thembo for US$18 800.

Sakutukwa allegedly advertised the flat in a local paper and the Association of Women’s Club director, Ms Shumai Miriam Chakarisa, responded with the intention of buying it.

A memorandum of agreement between Mr Thembo and Ms Chakarisa was entered before Sakutukwa and it was agreed that US$18 500 was to be paid into Sakutukwa’s company account .

Ms Chakarisa paid the total amount including the US$300 administration fee.
Sakutukwa allegedly converted the money to his own use. In the same month Sakutukwa was also mandated to sell a five-roomed house in Zengeza 2, Chitungwiza, for US$26 000.

Sakutukwa was to deduct 5 percent commission of the purchase price. On April 8, Sakutukwa sold the house to Mr Justin Chivavaya and received full payment. Sakutukwa remitted US$17 000 to the seller and converted US$7 700 to his personal use.
Sakutukwa appeared in court on April 16 accused of defrauding a client.

He was jointly charged with Tongai Rowan Mhlanga and appeared before Harare regional magistrate Hosea Mujaya facing fraud charges involving R720 000 and US$10 000.

Circumstances are that sometime in 2002, he allegedly connived with Mhlanga to swindle his client, Victor Chinembiri, of his cash by selling to him a house belonging to Mhlanga’s late mother but no transfer was effected.

Sakutukwa is also facing six counts of fraud involving more than US$72 000 after he failed to account for trust funds.
He, however, pleaded guilty on two counts after admitting to converting part of the money to his personal use.

However, the State, represented by Mr Michael Reza, rejected the limited plea and maintained that Sakutukwa should be charged for defrauding his clients of US$72 000.

Sakutukwa was recently suspended from practising by a disciplinary hearing chaired by Justice Chinembiri Bhunu.

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