AFFIRMATIVE Action Group (AAG) deputy president Elizabeth Nyathi, accused of swindling Arda Seeds of 315 tonnes of seed maize worth $483 000, was yesterday issued with a warrant of arrest for the third time this year after failing to turn up for continuation of her trial.
REPORT BY CHARLES LAITON SENIOR COURT REPORTER
Sometime in May this year, Nyathi again failed to attend court prompting regional magistrate Fadzai Mtombeni to confirm her warrant of arrest upon her subsequent appearance in court. She was fined $50 or 10 days’ imprisonment with labour.
Nyathi was appointed as one of AAG deputy presidents by founding president Philip Chiyangwa in March this year, deputising Keith Guzah.
She is accused of duping the seed supplying company following a botched deal to sell seed, two years ago.
Initially, Nyathi was charged as a representative of her company Laksem, but according to the State, the company is non-existent. She runs a shop by the name Pass Superite in Mutare.
Allegations are that during the 2010 Agricultural Show, Nyathi approached Arda Seeds who were keen to have a sales agent in Mutare.
Since Nyathi was operating Pass Superite shop in Mutare, she approached Arda Seeds, Borrowdale offices, Harare, and solicited to sell seed on their behalf.
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As a result, the two parties allegedly entered into a seed-selling agency contract in which Nyathi was to be Arda Seeds Mutare agent.
Pursuant to the deal, Arda Seeds allegedly supplied Nyathi with 315 tonnes of seed between August and September for which proceeds were allegedly not remitted. In her defence Nyathi argued that the matter for which she was being prosecuted was purely civil and not criminal.
Nyathi insisted that the seed company misrepresented the contractual agreement which the two parties had entered into sometime in August 2010.
She further told the court that Arda Seeds wilfully breached the contract by neglecting to carry out its obligations such as protecting seed from weevils through constant fumigation.
