R2 million fraud-suspect out on bail

Mashudu Netsianda, Senior Court Reporter

A SOUTH Africa-based businesswoman who was arrested for allegedly defrauding a local pharmaceutical company of more than R2 million has been released on $70 000 bail pending trial at the High Court.

Mellisa Mandirahwe (36) who is six-month pregnant and based in Johannesburg, allegedly defrauded Simpartcas Enterprises t/a Kings Pharmacy.

She is facing fraud charges as defined in Section 136 of the Criminal Law (Codification and Reform) Act and will next appear in court on March 10 for routine remand.

It is alleged that she forged invoices for goods that she bought for Kings Pharmacy by tampering with the figures.

The company is being represented by its administrator Ms Doreen Makosa.

Bulawayo High Court judge Justice Evangelista Kabasa released Mandirahwe on bail and ordered her to report twice a week at the Bulawayo Central Police Station as part of the bail conditions.

The judge also ordered Mandirahwe to continue residing at her given address in Bulawayo, surrender her passport and not interfere with witnesses until the matter is finalised.

The ruling by Justice Kabasa yesterday follows Mandirahwe’s application for bail pending through her lawyer Mr Khulekani Sibanda of Mathonsi Ncube Law Chambers.

In papers filed at the Bulawayo High Court, the State was cited as a respondent.

In her bail statement, Mandirahwe is denying the charges, arguing that she was arrested for demanding her money from the complainant. She said the complainants misrepresented facts after failing to pay her commission of R812 000.

“My position is that all invoices were in my name and not in the name of the complainant and as such the complainant did not have to see the invoices thus there was no need for me to change or tamper with figures or change prices.

In casu, the complainant is simply misrepresenting facts as it they have failed to pay my commission of R812 000,” she said.

“I was arrested at the complainant’s premises where I had visited to demand my money that complainant acknowledges it owes, but now want to avoid paying through these trumped-up charges.”

Mandirahwe said she is a businesswoman whose business portfolios include a nursery, retail shop, catering and events planning business and cross border trade.

She said there were no compelling reasons warranting her continued detention, arguing that she was not a flight risk.

“I am Zimbabwean citizen with a valid passport which I use to travel to and from South Africa as part of my cross-border business.

Most of my clients are in Zimbabwe and I have a child here in the country and I’m also six months pregnant,” said Mandirahwe.

She said there was nothing suggesting that if released on bail she would interfere with witnesses.

The State, which was represented by Mr Khumbulani Ndlovu opposed the application, arguing that there was no guarantee that if released on bail Mandirahwe would not abscond given the seriousness of the offence and the fact that she is based in South Africa.

“The applicant is resident in South Africa where she has business interests hence if released on bail there is a possibility of her absconding to her base.

All witnesses are well known to her and it has been established that if released she will interfere with their evidence,” said Mr Ndlovu. 

Allegations against Mandirahwe are that between 6 January 2021 and 28 January 2022 she betrayed the trust of Simpartcas Enterprises after it enlisted her services as a broker to secure cosmetics and sanitary wear products in South Africa on their behalf.

The agreement was that Mandirahwe would supply the products using the invoices obtained from her supplier.

She would in return get 18 percent from the total cost as her commission.

It is against this background that on different occasions, the company would place orders with Mandirahwe who is based in South Africa. 

It is alleged that Mandirahwe would forward copies of itemised invoices to the company for payment before delivery.

A delivery would only be made to the pharmacy after Mandirahwe had been paid her commission.

Unbeknown to the company, Mandirahwe would allegedly change the total amount on the invoice before forwarding it for payment.

Acting on the misrepresentation by the accused, the company paid R3 798 731,74 to Mandirahwe instead of R1 568 143,72. 

This resulted in the company being prejudiced of R2 230 588, 02 as a result of Mandirahwe’s actions and nothing was recovered.

The matter was reported to the police leading to Mandirahwe’s arrest. — @mashnets