adminAbel Zhakata Senior Reporter
SOME Zanu-PF politicians have been accused of milking a Mutare-based timber company dry — forcing its closure — after they took products worth thousands of dollars without paying a cent.
This came out at the Mutare Magistrates’ Courts on Wednesday where the owner of Matan Holding, Mr Hlanganiso Matangaidze, is pressing theft charges against a business partner he was working with in the timber subsidiary.
Patrick Kupenga (59) of Number 8, Darwin Circle, Westlea in Mutare, is accused of stealing equipment worth $59 000 from the prominent businessman.
Kupenga, who is being represented by Mr David Tandiri of Tandiri Law Chambers, is denying the charges.
He was a partner in Matan Lumber located at Number 5, Castle Road in Mutare.
During cross-examination, Mr Tandiri told the court that his client did not steal the machinery but wanted to remove the equipment from the company premises as a way of saving it from the Deputy Sheriff who was attaching property to offset debts.
He said Matan Lumber was facing financial difficulties because of some Zanu-PF politicians who took products without paying for them.
Mr Tandiri held Mr Matangaidze responsible for the unilateral decisions he made regarding the products the politicians took.
“You unilaterally gave roofing timber worth $23 686,90 to (name supplied) to roof his house in Harare. He did not pay anything for it. Maybe it was a donation? Furthermore, you took 500 wooden benches and gave them to your brother Tapiwa Matangaidze who was busy campaigning in Mberengwa constituency. Nothing was paid for the benches.
“Your business empire was crumbling because of severe cash flow problems and mounting debts. At some point electricity was disconnected because of a $5 769,65 debt and workers were not getting their salaries. My client wanted to move the equipment to save it from the Deputy Sheriff who was attaching property as a result of the debts you had accrued. That property is not your property but partnership property,” he said.
Mr Matangaidze scoffed at the lawyer’s assertion that his business was falling on hard times, insisting that the complainant’s actions were meant to permanently deprive him of the equipment which belonged to him.
“My empire is not crumbling. For your own information I am owed more than $3 million by diamond mining companies at Chiadzwa. It was out of compassion that I entered into a partnership agreement with the accused because he did not have anything. I had the equipment and the resources to run the enterprise.
“I bought the equipment he is talking about from China and it never belonged to the partnership. Our agreement was that we will share the profits after removing all costs that had to do with labour, equipment and other liabilities. The company was running at a loss and that is why it was closed in December last year,” he said.
Mr Matangaidze said the Zanu-PF politician was given the roofing timber on account and has not paid anything. Concerning the 500 wooden benches given to his brother, Tapiwa, he said the accused was the one who actually donated the benches to him.
“He actually donated the benches to my young brother and if he is saying I did it, he is lying. That is a downright lie. I was keeping the accused because I thought he was a charity case. That equipment is not his and he took it without my consent which constitutes theft. He is purporting that the equipment belonged to the partnership as a way of trying to run away from the criminal case he is facing.”
The State led by Mr Malvin Musarurwa is alleging that sometime in 2008, Matangaidze had a joint venture with the accused in which they would process timber at Number 5 New Castle Road.
The timber business was commenced by the complainant alone and the accused person joined later.
It is alleged that the accused brought with him a jack saw and re-saw into the venture and the rest of the equipment and three tractors belonged to the complainant.
After failing to realise any profit from the business, the complainant decided to buy more equipment to boost their business. The complainant got money from Matan Trucking and purchased the timber processing and joinery machine.
“Even though the complainant increased the machinery, the business did not prosper and the accused person decided to remove his jack-saw and re-saw from the workshop in June 2014, leaving the complainant’s property in the workshop. On June 29, 2014 the accused person arrived at Matan Holdings while in the company of his son, Jeffy Kupenga. The accused requested for the receiving and dispatch book from the guard Christopher Chinorwadza. The accused informed the guard that he wanted to take some property from the workshop at Matan Lumber which included a ripsaw machine, multi-ripsaw, saw sharpener, stretch bench machine, four lift trolleys, cross cut machinery, jack-saw, re-saw, finger joint, daylight press and a compressor, all valued at $50 000.”
They loaded the equipment into two trucks. The guard then informed the security manager, Mr Clifford Muchemenyi, who arrived at the scene. The matter was reported to the police.
The accused was taken to the police station and the gates were locked. The trucks were left at the premises and the accused’s son used a fork lift to force-open the gate and damaged it. The trucks were then driven from the premises with the equipment.
Mr Tandiri is insisting that Matangaidze is not the owner of the property but it is partnership property and his client is party to the joint venture.
He is saying his client is the managing partner and was involved in the day-to-day running of the business and that he moved the property in line with the business he made for the benefit of the partnership.
The trial continues.
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