THE Harare regional court yesterday acquitted Zanu PF Midlands province vice-chairperson Lewis Matutu after he was dragged to court for fraud involving US$150 000 shares of a local mining company.
Matutu was charged alongside Blessing Kusangaya, Tafadzwa Kusangaya, Muzimba Muhamba and Chikwasha Muhamba on allegations of stealing shares from Shusib Investments.
He was, however, acquitted after a full trial.
Harare regional magistrate Noel Mupeiwa found Matutu and his alleged accomplices not guilty saying the evidence adduced in court by the State was insufficient.
Mupeiwa said the State, led by Anesu Chirenje, failed to prove its case.
The magistrate said the complainant exonerated the five when he said the 2014, 2015, 2016 and 2017 Shusib Investments (Pvt) Ltd annual returns were not
forged.
The magistrate said since the forgery of the company’s annual returns was the basis on which the charge was formulated, once the complainant said they were not forged, the charge automatically fell
- Mnangagwa let us down: Tsenengamu
- Ex-Zanu PF youth league boss on fraud charges
- Zanu PF Midlands provincial vice- chairman Lewis Matutu acquitted of fraud
- Ex-Zanu PF youth leader Matutu acquitted
Keep Reading
away.
Matutu, through his lawyer Moffat Makuvatsine, told the court that the company's annual returns were handled by one Nyaradzo Chirisa, who prepared company documents.
Matutu and his colleagues queried why Chirisa was not called to testify during the trial.
It was submitted and not in dispute that a joint company called Shusib Investments, trading as CMK Mining Syndicate, was formed before any of the accused persons became directors.
In the ruling, Mupeiwa said there was no evidence presented in court on the terms of operation of Shusib Investments, adding that all evidence before the court showed that the accused persons did not interfere with the company’s operations.
The complainant also confirmed giving directorship and shares to some of the accused persons, saying there was no reason that could, in turn, influence them to steal what had already been allocated to
them.
The magistrate said the State, therefore, failed to show that any of the accused persons forged documents in a bid to defraud the complainant.
It was the State’s case that Matutu and his colleagues prepared annual returns dated April 30, 2018, which were backdated and bore forged signatures of both the complainant and one Lyton Shumba.
It was also alleged that they purported that they had prepared the returns in which complainant had signed as the director, while Shumba signed as the secretary.
The State alleged that the returns were filed at the Registrar of Companies, notifying the registrar of the changes made in terms of shareholding structure and directorship of Shusib Investments.
The court heard that the offence came to light on September 30 last year when the complainant was informed by the Zimbabwe Parks and Wildlife Management Authority that it had been instructed to suspend all mining operations, as they had agreed as shareholders to sell the mining claim.
It was also alleged that using the illegally acquired shares, Matutu and his colleagues attended an annual general meeting on November 19, 2024 and removed the complainant from the directorship of his
company.
