Online Reporter
Prosper Dembedza
Herald Correspondent
Harare regional magistrate Mr Noel Mupeiwa has acquitted Lewis Matutu and his four accomplices on charges of fraudulently stealing shares from Shisib Investments, a mining company.
Matutu was jointly charged with Blessing Kusangaya, Tafadzwa Kusangaya, Muzimba Muhamba and Chikwasha Muhamba.
In his ruling, Mr Mupeiwa said the complainant exonerated the accused persons when he said that the 2014, 2015, 2016 and 2017 Shusib Investments (Pvt) Ltd company annual returns were not forged by any of the accused persons.
He said since the forgery of the company’s annual returns was the basis upon which the charge was formulated, the charges fell away once the complainant said they were not forged.
The magistrate also indicated that Nyaradzo Chirisa whom the complaint had said was responsible for the company’s annual returns and for preparing the company documents, was not called to testify on whether or not the accused persons had forged any
document.
The magistrate said it is not in dispute that a joint company called Shusib Investments (Pvt) Ltd t/a CMK Mining Syndicate was formed before any of the accused persons became a director.
“It is clear from the evidence that the complainant appointed three directors when Shusib Investments (Pvt) Ltd t/a CMK Mining Syndicate was born,” ruled the magistrate.
Mr Mupeiwa said the issue of prejudice was not proved since Lyton Shumba never complained that he had been prejudiced of his shares.
He said the complainant admitted to having allocated some shares to some of the accused persons and it became difficult to say that any of the accused persons stole the shares as alleged.
“There is no evidence that was given on the terms of operation of Shusib Investments (Pvt) Ltd t/a CMK Mining Syndicate,” he said.
“All evidence before the court shows that at no time did any of the accused persons interfere with Shusib Investments (Pvt) Ltd as a standalone company.”
He further ruled that the issue of directorship and shares only came up after the birth of Shusib Investments (Pvt) Ltd t/a CMK Mining Syndicate.
“The State, therefore, failed to show that any of the accused persons forged any document meant to defraud the complainant,” he said.
“It failed to prove beyond any reasonable doubt that some of the accused persons stole directorship and shares from the complainant’s company.”
It was the State’s case that in 2018, Matutu allegedly connived with the quartet to fraudulently seize control of Shisib Investments, a mining company.
The accused are said to have prepared and backdated annual returns to 2014, 2016 and 2017, which they then filed as returns for April 30, 2018.
The court heard that they allegedly forged the signatures of both the complainant and one Lyton Shumba to make it appear as though the documents were legitimate.
The forged papers were then lodged with the Registrar of Companies, indicating that changes had been made to the company’s shareholding and directorship.
“As a result, the accused persons allotted themselves shares and became majority shareholders,” the prosecution said.
The court was told that the fraud came to light on September 30, 2024, when the Zimbabwe Parks and Wildlife Management Authority informed the complainant that the accused had directed the suspension of mining operations, claiming shareholders had agreed to sell the mining claim.
Using the disputed shareholding, the accused were said to have attended the company’s annual general meeting on November 19, 2024, where they removed the complainant from the board of directors and resolved to change the company’s registered address.
According to the State, Shisib Investments suffered actual prejudice of US$150 000 and nothing was recovered.
