Online Reporter
Zvikomborero Parafini
Court Reporter
A HARARE man, Lewis Matutu, yesterday appeared in court after he was implicated in a fraud case involving US$150 000.
Matutu, together with his accomplices Blessing Kusangaya, Tafadzwa Kusangaya, Muzimba Muhamba, Chikwasha Muhamba and Sibanengi Ncube pleaded not guilty when they appeared before Harare regional Magistrate Mr Noel Mupeyiwa.
The complainant is Joseph Evurath Sibanda, who is a director and shareholder of Shusib Investments Private Limited.
Allegations are that in 2012, Sibanda and his relative, Lyton Shumba, decided to register a company to carry out trade or business as manufacturers and general dealers in industrial mining and domestic hardware.
The company was successfully registered under reference number 6727/12, Styled Shusib Investments [Private] Limited.
Upon its inception, the company had two directors, namely Shumba and Sibanda, who was also the company secretary.
The company had 2 000 ordinary shares that were allocated as follows, as per the share allotment certificate: 1998 were allotted to the company, one share was allotted to Lyton Shumba (fully paid) and the other share was allotted to Sibanda as fully paid
The court heard that thereafter, Sibanda decided to venture into full-time mining and approached the Department of Parks and Wildlife to explore some minerals in Shamva/Mufurudzi area.
In return, permission was granted under an arrangement that a 25-year lease agreement was going to be issued, and the department was going to obtain 15 percent royalties after some mining had begun.
Furthermore, the two then agreed to rope in some youths in line with the youth empowerment agenda, and in the process also engaged Matutu and his accomplices who then became directors of the company.
Also, a company styled Pambili Investments Corporation (representing some youths) was also engaged and was allocated 240 ordinary shares.
Later, the company started mining Limestone. All other directors and shareholders were not very active, leaving Sibanda to do all the development work at the mine in Shamva.
The State alleged that in 2018, Matutu and his accomplices conspired to steal some shares from the company.
Pursuant to their plan, they prepared annual returns dated April 30, 2018, which were back-dated from 2014, 2016, 2017 and 2018, and forged signatures of both Sibanda and Lyton Shumba purporting that they had prepared the returns in which Sibanda had signed as the director, whilst Lyton Shumba had signed as the Secretary.
The returns were filed at the registrar of companies, notifying the Registrar of false information that changes had been made in terms of shareholding structure and directorship of Shusib Investments Private Limited, that is Matutu and his accomplices had allotted themselves shares of the company, and were now the major shareholders.
The offence came to light on September 30 when Sibanda was informed by the Department of Parks and Wildlife that they had been instructed by Matutu to suspend all mining operations, as they had agreed as shareholders to sell the mining claim hence the Department of Parks and Wildlife was requesting for a meeting with Shusib Investments representative.
Also, using the illegally acquired shares Matutu attended an Annual General Meeting on November 19 and removed Sibanda from the directorship of his company, and also resolved to change the company address. Due to Matutu’s actions, Sibanda claims he lost US$150 000.
Matutu and his accomplices denied making any misrepresentation to Sibanda and denied forging signatures of either Joseph or Lyton Sibanda on the annual returns for the years 2014, 2015, 2016 and 2017 or any other period relevant to the allegations.
They told the court that they are bona fide directors of the company, save for Sibanengi Ncube, who is the company secretary.
The trial resumes today.
