A 35-YEAR-OLD Bulawayo man has landed himself in trouble after he allegedly looted his late brother’s property worth over $46 000, thereby depriving the surviving spouse her right to inherit her husband’s estate.
BY SILAS NKALA
The accused, Kudakwashe Shana, is expected to appear before Bulawayo magistrate Sithembiso Ncube today charged with contravening the Deceased Persons Family Maintenance Act.
The complainant in the matter is Tsungirirai Shana (42) of Hillside in Bulawayo.
It is alleged that in December 2013, Tsungirirai’s husband Samson Shana died and her husband’s younger brother, Kudakwashe, grabbed the family’s household property worth $46 080.
Tsungirirai reported the matter to the police, leading to Kudakwashe’s arrest.
On his initial appearance, Kudakwashe pleaded not guilty to the charge and in his defence, he said he never unlawfully took the property. He said on December 18, 2013 while at a family meeting in Hillside, Tsungirirai demanded that all property belonging to one Smolly Shana be removed from the house.
“She said she did not want another woman’s property in her house. All persons gathered at the meeting agreed with the complainant that such property be removed,” the accused submitted.
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“My nephew, one Bosha, was advised by the complainant to secure transport to ferry the property from the house. Carolyn Charumbira, who is the complainant’s sister, suggested that the meeting be minuted.”
Kudakwashe said Tsungirirai’s relatives moved all the property which she pointed out to the veranda and a truck which had been secured took the property to Kariba.
He said some of it was taken to Harare and some distributed to various members of the family, including Lovemore Shana and himself. The accused said at some point, he was given a dining room suite, garden chairs and portraits by Smolly.
“The defendant will conclude that the complainant is being malicious in this matter as the property was taken at her instance and that he had no hand in the removal of the property whatsoever,” he submitted.
“He will show that this is one of the ploys by the complainant to victimise and frustrate him.”
Kudakwashe prayed for acquittal at the close of the State case.
