News / National
Mphoko's externalisation case drags on
16 Aug 2017 at 09:05hrs | Views
A CASE in which former operations manager at Bulk Cash and Carry Wholesalers implicated Vice President Phelekezela Mphoko in the externalisation of millions of dollars involving Pakistan businessman Imran Shahzad seems to be taking too long to be heard.
In an affidavit in possession of the Southern News signed on February 17, 2017 at Bulawayo Central District Police headquarters, the former manager Oga Chafausipo, 51, sought to expose the alleged shady deals that were taking place at the wholesale company situated along Basch Street and Khami Road in the city during his time at the company.
Chafausipo who worked for 16 years at the company claims that the company is involved in externalisation of funds, smuggling of goods, evading of tax and sale of substandard or expired goods. As a result he implicated Mphoko for allegedly taking a "protection fee".
"Recently one of the politicians namely George Mlala, (member of the) Zimbabwe National Liberation War Veterans Association council of elders is also blindly assisting the company to perpetuate its illicit activities.
"I have it on good authority that Mlala was recently paid $35 000 for onward transmission to... Mphoko for the sole purpose of no interference or protection of the company," Chafausipo claimed.
The former manager also added that he also witnessed first-hand on two separate occasions how over $8 million was separately externalised by his former boss.
Police have confirmed handling the matter which they feel is high profile, hence needs time to investigate.
However, it's almost six months now and no action has been taken so far regarding bringing the matter to the courts of law.
In his own words, Chafausipo told the Southern News that while he has been to high offices that he thought were relevant in his case, nothing to date has materialised.
"I have been engaging the police and I have spoken even to the Propol, I engaged the CID, including Zimra and they are aware of my case but surprisingly I am still to hear from them," Chafausipo said.
Legal experts who spoke to this paper yesterday seemed to highlight some intricacies surrounding the matter.
Veteran legal practitioner Brighton Ndove said the challenge was that the law does not prescribe a reasonable duration within which police investigations should be completed.
"This is the case especially in matters where no personal right to liberty is under threat. So ideally it is difficult to accuse the police of delaying investigations unless there are positive pointers that the police are deliberately frustrating the process of investigations in which event the complainant can, in my view, approach the Constitutional Court to enforce his or her rights to protection of the law as is enshrined in the Constitution of Zimbabwe," Ndove said.
He added: "It must also be emphasised that the ZRP is an independent board that must not be operating under anyone's directions although they normally respect lawful directives from the Prosecutor General and the courts in matters that would have been taken to such institutions of the State."
Another legal expert Dumisani Dube said it was complex matter.
"I think since there is talk of externalisation of funds the investigation will involve RBZ exchange control in Zimbabwe and regulatory bodies in Botswana," Dube said.
"However, police commercial crimes unit does not have expertise in these sorts of issues. Consider also names implicated, there is a lot of clearances needed from higher offices for junior officers," he said.
Dube also noted the need for evidence gathering, need to obtain documentary evidence from all parties implicated through search warrants which he said might take a while.
"However, I don't think evidence so far gathered warrants the matter to be taken to court; it's mostly hearsay from a disgruntled former employee who is also an accomplice.
"In the absence of any independent credible third party evidence there is no case to talk about for now."
However, Affirmative Action Group regional president Reginald Shoko challenged Chafausipo to appeal to the ministry of Home Affairs if he felt he was getting a raw deal from the law enforcers.
"I think the former manager has an option of taking the matter up with the minister if he feels there are unnecessary delays."
ZANU-PF supporters who turned out in their numbers as part of the on-going Zanu-PF youth interface rallies had a nightmarish afternoon at Pelandaba Stadium, as venue of the rally, was turned into a "mini jail" by the police.
In comical events witnessed by the Southern News crew, firstly it was the delay to start that seemed to have agitated those who were in attendance and secondly it was the denial to leave the stadium during President Robert Mugabe's speech.
As early as 9am, people mostly those who were bussed from different provinces as well as those from Gwanda town and its hinterland had thronged the venue.
But Mugabe took long to arrive at the venue for unclear reasons forcing the impatient ones who tried to find their way out - something which appeared a taboo as police ordered them to go back.
While that was not largely contested, it was when Mugabe finally came when he started making historical narrations in a typical story telling manner that some felt was boring and pointless.
Half way into his speech, the supporters who at one point were seated rose to their feet with many preferring to chat among themselves than to listen to the rumbling leader.
As result, some started heading towards the gate before the police were given orders that no one should be allowed to leave the stadium.
Realising that the matter was likely to get out of hand, a truck carrying riot police had to be called and parked right at the gate.
As Mugabe took long, the agitated supporters never gave up as they kept on pushing the police.
"I am on ART and I am diabetic so I should go and take my medication," said one woman but the police would have none of it.
Some youths immediately warned the police that had it not been that they respected the president all hell was going to break loose since it was illogical to them, to be "jailed".
A certain group of youths could be overhead saying, "there is nothing to listen, and it's all history and history."
For more than 45 minutes over hundreds of disillusioned supporters remained jerked by the gate in the stadium only to be allowed out after Mugabe had finished speaking.
Former deputy mayor in land wrangle
FORMER Bulawayo deputy mayor Gift Banda has been sued for allegedly attempting to repossess land that he had sold to one Nkululeko Ndlovu.
This came after Ndlovu reportedly failed to pay the agreed money on time.
According to the summons filed this week at the High Court by Ndlovu's legal representatives, Phulu and Ncube Legal practitioners, Banda's move is not only described as illegal but null and void.
"The plaintiff claim is for a declaratur that the agreement of sale of an immovable property known as Landshare 23 stand no 14300 Selborne Brook, Bulawayo entered between the plaintiff and defendant was illegal and therefore void ab initio it being contrary to the agreement of plaintiff and the Bulawayo City Council which barred the disposal of the property in issue as it was done without the council's consent," reads part of the claim.
Alternatively, the claim also sought a declaratur that the agreement of sale of the property was also contrary to council by laws which bar the disposal of property in issue without council consent.
Banda was expelled in March this year from his post as deputy mayor after he was found guilty on charges of corruption and maladministration, part of which included using his position to grab land at Ascot in the city.
This was after the government through the ministry of Local government had appointed a Tribunal to investigate the affairs of the city following a public outcry over corruption and other allegations.
Banda has since appealed against his dismissal at the High Court.
In an affidavit in possession of the Southern News signed on February 17, 2017 at Bulawayo Central District Police headquarters, the former manager Oga Chafausipo, 51, sought to expose the alleged shady deals that were taking place at the wholesale company situated along Basch Street and Khami Road in the city during his time at the company.
Chafausipo who worked for 16 years at the company claims that the company is involved in externalisation of funds, smuggling of goods, evading of tax and sale of substandard or expired goods. As a result he implicated Mphoko for allegedly taking a "protection fee".
"Recently one of the politicians namely George Mlala, (member of the) Zimbabwe National Liberation War Veterans Association council of elders is also blindly assisting the company to perpetuate its illicit activities.
"I have it on good authority that Mlala was recently paid $35 000 for onward transmission to... Mphoko for the sole purpose of no interference or protection of the company," Chafausipo claimed.
The former manager also added that he also witnessed first-hand on two separate occasions how over $8 million was separately externalised by his former boss.
Police have confirmed handling the matter which they feel is high profile, hence needs time to investigate.
However, it's almost six months now and no action has been taken so far regarding bringing the matter to the courts of law.
In his own words, Chafausipo told the Southern News that while he has been to high offices that he thought were relevant in his case, nothing to date has materialised.
"I have been engaging the police and I have spoken even to the Propol, I engaged the CID, including Zimra and they are aware of my case but surprisingly I am still to hear from them," Chafausipo said.
Legal experts who spoke to this paper yesterday seemed to highlight some intricacies surrounding the matter.
Veteran legal practitioner Brighton Ndove said the challenge was that the law does not prescribe a reasonable duration within which police investigations should be completed.
"This is the case especially in matters where no personal right to liberty is under threat. So ideally it is difficult to accuse the police of delaying investigations unless there are positive pointers that the police are deliberately frustrating the process of investigations in which event the complainant can, in my view, approach the Constitutional Court to enforce his or her rights to protection of the law as is enshrined in the Constitution of Zimbabwe," Ndove said.
He added: "It must also be emphasised that the ZRP is an independent board that must not be operating under anyone's directions although they normally respect lawful directives from the Prosecutor General and the courts in matters that would have been taken to such institutions of the State."
Another legal expert Dumisani Dube said it was complex matter.
"I think since there is talk of externalisation of funds the investigation will involve RBZ exchange control in Zimbabwe and regulatory bodies in Botswana," Dube said.
"However, police commercial crimes unit does not have expertise in these sorts of issues. Consider also names implicated, there is a lot of clearances needed from higher offices for junior officers," he said.
Dube also noted the need for evidence gathering, need to obtain documentary evidence from all parties implicated through search warrants which he said might take a while.
"However, I don't think evidence so far gathered warrants the matter to be taken to court; it's mostly hearsay from a disgruntled former employee who is also an accomplice.
"In the absence of any independent credible third party evidence there is no case to talk about for now."
However, Affirmative Action Group regional president Reginald Shoko challenged Chafausipo to appeal to the ministry of Home Affairs if he felt he was getting a raw deal from the law enforcers.
"I think the former manager has an option of taking the matter up with the minister if he feels there are unnecessary delays."
In comical events witnessed by the Southern News crew, firstly it was the delay to start that seemed to have agitated those who were in attendance and secondly it was the denial to leave the stadium during President Robert Mugabe's speech.
As early as 9am, people mostly those who were bussed from different provinces as well as those from Gwanda town and its hinterland had thronged the venue.
But Mugabe took long to arrive at the venue for unclear reasons forcing the impatient ones who tried to find their way out - something which appeared a taboo as police ordered them to go back.
While that was not largely contested, it was when Mugabe finally came when he started making historical narrations in a typical story telling manner that some felt was boring and pointless.
Half way into his speech, the supporters who at one point were seated rose to their feet with many preferring to chat among themselves than to listen to the rumbling leader.
As result, some started heading towards the gate before the police were given orders that no one should be allowed to leave the stadium.
Realising that the matter was likely to get out of hand, a truck carrying riot police had to be called and parked right at the gate.
As Mugabe took long, the agitated supporters never gave up as they kept on pushing the police.
"I am on ART and I am diabetic so I should go and take my medication," said one woman but the police would have none of it.
Some youths immediately warned the police that had it not been that they respected the president all hell was going to break loose since it was illogical to them, to be "jailed".
A certain group of youths could be overhead saying, "there is nothing to listen, and it's all history and history."
For more than 45 minutes over hundreds of disillusioned supporters remained jerked by the gate in the stadium only to be allowed out after Mugabe had finished speaking.
Former deputy mayor in land wrangle
FORMER Bulawayo deputy mayor Gift Banda has been sued for allegedly attempting to repossess land that he had sold to one Nkululeko Ndlovu.
This came after Ndlovu reportedly failed to pay the agreed money on time.
According to the summons filed this week at the High Court by Ndlovu's legal representatives, Phulu and Ncube Legal practitioners, Banda's move is not only described as illegal but null and void.
"The plaintiff claim is for a declaratur that the agreement of sale of an immovable property known as Landshare 23 stand no 14300 Selborne Brook, Bulawayo entered between the plaintiff and defendant was illegal and therefore void ab initio it being contrary to the agreement of plaintiff and the Bulawayo City Council which barred the disposal of the property in issue as it was done without the council's consent," reads part of the claim.
Alternatively, the claim also sought a declaratur that the agreement of sale of the property was also contrary to council by laws which bar the disposal of property in issue without council consent.
Banda was expelled in March this year from his post as deputy mayor after he was found guilty on charges of corruption and maladministration, part of which included using his position to grab land at Ascot in the city.
This was after the government through the ministry of Local government had appointed a Tribunal to investigate the affairs of the city following a public outcry over corruption and other allegations.
Banda has since appealed against his dismissal at the High Court.
Source - dailynews
