By Desmond Chingarande
Socialite and businessman, Genius Kadungure, who is accused of fraud, was yesterday remanded in custody for the third night after presiding magistrate Chrispen Mberewere failed to appear in court, saying he was yet to finish writing his bail ruling.
Kadungure, who was represented by Brighton Pabwe, appeared before magistrate Vongai Muchuchuti Guwuriro standing in for Mberewere.
The State alleges that sometime in 2019, Kadungure bought a Bentley for R3 281 784.
When he arrived at the Beitbridge Border Post on the Zimbabwean side, Ginimbi allegedly connived with his agent Alexander Gumbo to forge papers to alter the vehicle’s value to read R1,9 million.
They allegedly scanned the forged documents before uploading them on the Zimra Asycuda system for duty processing on December 22 last year.
Zimra then charged duty amounting to US$81 000 instead of $139 665, leading to an actual prejudice of $58 665.
George Manokore appeared for the State
Meanwhile, deputy chief magistrate Munamato Mutevedzi yesterday dismissed a second application within 24 hours of former Public Service minister Priscah Mupfumira, who is accused of criminal abuse of office, saying she must proceed to trial without fail.
Mupfumira had filed an application for exception of charges and another one for review of Mutevedzi’s judgment at the High Court.
Mupfumira’s lawyers, Advocate Silvester Hashiti and Tembinkosi Magwaliba had submitted that the magistrate erred in asking the trial to proceed after they had filed an application before a superior court to determine on the review of the application.
The State had opposed the application for review, saying they needed an order from the High Court to stop the trial.
Clement Chimbari, for the State, said if there is no order stopping the proceedings from the High Court they will proceed.
In dismissing the application for review magistrate Mutevedzi said the trial cannot be stopped on mere assumption that they will be granted the application at the High Court.
After the dismissal of the application for review, Magwaliba filed another application for referral to the Constitutional Court (ConCourt), saying the accused persons’ rights were being violated by proceeding to trial without being afforded the chance to be heard by the ConCourt.