Government torment late Kuwaza: demands $870 000 from his estate

The State Procurement Board has launched an audacious drive to recover about $870 000 from the estate of former chairperson, the late Charles Kuwaza.

The amount is part of the money that the Zimbabwe Revenue Authority garnished from the board's account after he allegedly evaded paying Pay As You Earn since 2009.

Repors indicate that Kuwaza could have been murdered last week, contrary to the narrative he committed suicide by jumping to his death from the ninth floor of his Club Chambers offices in Harare.

At the time of his death, he faced five counts of corruption before the courts involving over $1 million and ZW$2,5 billion.

One of the charges before the magistrate's courts was that contrary to his duties, he ordered SPB's payroll officers not to deduct PAYE from his taxable benefits without proof of an appropriate tax directive from Zimra.

This resulted in the revenue collector garnishing SPB's bank accounts a total of $869 820 as recovery of the untaxed benefits.

Mr Kuwaza's tax arrears and penalties were more than $1 million.

 SPB board chairperson Ambassador Buzawani Mothobi told the Herald that they wanted to recover the money that Zimra garnished.

"We are not going to recover that money from Zimra because there is no basis at law for doing that," he said.

"Our issue is with the late individual, so we will recover from his estate. We are only going to recover the money that was garnished by Zimra. In fact, we are at the beginning of the whole process because the mechanics of the whole thing just changed overnight."

Ambassador Mothobi said the SPB would not be liable for the balance that was due to Zimra.

However, during his tenure as SPB boss, Kuwaza could have stepped on the toes of senior government officials and military commanders over money-spinning deals which he blocked.

The Zimbabwe Independent reported last Friday that Kuwaza had planned to make a very brief stop at his office to collect documents for his lawyer.

"Investigations indicate he could have been attacked by unknown assailants who raided his office before pushing him out of the window either unconscious or already dead. Numerous eyewitnesses say Kuwaza - who was known to be scared of heights - did not scream during his fall" reported the publication.

According to the Herald, University of Zimbabwe law lecturer, Professor Lovemore Madhuku, said when one was deceased, their case was dealt with under the Deceased Estate Act.

"Some transactions cannot be affected by death while others are affected by death," he said. "But in terms of taxes that were due and payable, they are not affected by death.

"If the SPB are able to prove that the deceased prejudiced them, then they claim from his estate. But it is the duty of the employer to deduct and pay. So, they may have challenges proving themselves on that."

The allegations stemmed from the transactions unearthed by an Office of President and Cabinet during special audit.

 According to the indictment, Kuwaza faced one count of theft, two counts of fraud and two counts of criminal abuse of duty as a public officer.

Instead of handing the vehicle to SPB, Kuwaza allegedly converted it to his personal use, prejudicing the SPB of the vehicle valued at $120 000.

On count two, Kuwaza, being a public officer, allegedly acted contrary to his duties by ordering SPB's payroll officers not to deduct Pay As You Earn from his taxable benefits without proof of an appropriate tax directive from Zimra, resulting in the tax collector garnishing SPB's accounts a total of $869 820 as recovery of the untaxed benefits.