News / Africa
SA has refused to extradite the man accused of defrauding Grace Mugabe
15 Aug 2011 at 23:45hrs | Views
THE Vanderbijlpark magistrate's court in South Africa yesterday dismissed a request by President Robert Mugabe's government to extradite a man accused of defrauding first lady Grace Mugabe of R7 million.
Magistrate Pieter du Plessis found that while a contract was entered into by Mugabe and her longtime business associate, Ping Sung Hseih, the intent to defraud was "sadly missing".
The court earlier heard that Mugabe arranged the transfer of about R7 million from the Reserve Bank of Zimbabwe to Hseih's business account.
The transfer, the court heard, was to facilitate the acquisition of six haulage trucks and trailers in 2008.
The trucks were allegedly meant to be delivered to the first lady's Gushungo dairy farm.
But the deal is said to have gone sour after Hseih allegedly reneged on the agreement and made a getaway with the money.
Zimbabwean prosecutors also alleged Hseih failed to deliver the trucks on time.
Ironically, Zimbabwean police arrested four drivers who had gone to an orphanage, operated by Mugabe, to deliver the trucks.
Following the debacle, Zimbabwean officials, allegedly acting on instructions from the first lady, filed an extradition request to Justice and Constitutional Development Minister Jeff Radebe last September.
But the Zimbabwean government would have found it hard to obtain such an extradition order because Zimbabwe and South Africa are not party to an extradition agreement nor do the two countries have a mutual legal assistance agreement.
Giving reasons why his client should not be surrendered to Zimbabwean authorities, Advocate Mannie Witz argued that the money was transferred to Hseih's company account and not to him personally as court papers state.
Witz also denounced Zimbabwe's justice system, citing the example of the four drivers who were summarily put under house arrest soon after a high court granted them bail.
"Either charge the company or the director because he (Hseih) never received the money himself," argued Witz.
He also criticised the Hawks, along with Zimbabwean police, for unilaterally arresting Hseih and then abandoning the case to Interpol.
Addressing the court about the drivers, Witz said: "They haven't done anything wrong. They are completely innocent. All they were asked to do (by Hseih) was deliver the trucks."
Counsel for the state, Elbie Leonard, gave two reasons why Hseih should be extradited.
"There is proof that he has been accused of an offence in Zimbabwe. This is not a military offence but one that falls under the ordinary criminal offences act," said Leonard.
Leonard also said that the money transfer into a company linked to Hseih was "prima facie evidence".
Magistrate Pieter du Plessis found that while a contract was entered into by Mugabe and her longtime business associate, Ping Sung Hseih, the intent to defraud was "sadly missing".
The court earlier heard that Mugabe arranged the transfer of about R7 million from the Reserve Bank of Zimbabwe to Hseih's business account.
The transfer, the court heard, was to facilitate the acquisition of six haulage trucks and trailers in 2008.
The trucks were allegedly meant to be delivered to the first lady's Gushungo dairy farm.
But the deal is said to have gone sour after Hseih allegedly reneged on the agreement and made a getaway with the money.
Zimbabwean prosecutors also alleged Hseih failed to deliver the trucks on time.
Ironically, Zimbabwean police arrested four drivers who had gone to an orphanage, operated by Mugabe, to deliver the trucks.
Following the debacle, Zimbabwean officials, allegedly acting on instructions from the first lady, filed an extradition request to Justice and Constitutional Development Minister Jeff Radebe last September.
But the Zimbabwean government would have found it hard to obtain such an extradition order because Zimbabwe and South Africa are not party to an extradition agreement nor do the two countries have a mutual legal assistance agreement.
Giving reasons why his client should not be surrendered to Zimbabwean authorities, Advocate Mannie Witz argued that the money was transferred to Hseih's company account and not to him personally as court papers state.
Witz also denounced Zimbabwe's justice system, citing the example of the four drivers who were summarily put under house arrest soon after a high court granted them bail.
"Either charge the company or the director because he (Hseih) never received the money himself," argued Witz.
He also criticised the Hawks, along with Zimbabwean police, for unilaterally arresting Hseih and then abandoning the case to Interpol.
Addressing the court about the drivers, Witz said: "They haven't done anything wrong. They are completely innocent. All they were asked to do (by Hseih) was deliver the trucks."
Counsel for the state, Elbie Leonard, gave two reasons why Hseih should be extradited.
"There is proof that he has been accused of an offence in Zimbabwe. This is not a military offence but one that falls under the ordinary criminal offences act," said Leonard.
Leonard also said that the money transfer into a company linked to Hseih was "prima facie evidence".
Source - sowetan
