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FULL TEXT: Marry Chiwenga's alleged crimes detailed

by Mandla Ndlovu
16 Dec 2019 at 08:08hrs | Views
TO    : COMMISSIONER INVESTIGATIONS

FROM : MR MASIMBA AND TEAM

DATE    :    14/12/19

SUBJECT: ARREST OF MARRY MUBAIWA FOR EXPORTING CURRENCY, MONEY LAUNDERING AND FRAUD AS DEFINED IN SECTION 136 OF THE CRIMINAL LAW (CODIFICATION AND REFORM), ACT CHAPTER 9.23

This memorandum serves to place on record the arrest of the above mentioned accused.

Accused: Marry MUBAIWA
Age: 38 years
NR: 59:033571 Z 59
Res Add: 614 Nick Price Drive, Borrowdale Brooke, Harare.
Bus Add: East Town Holdings, 14 Boundary Road, Highlands, Harare.

Complainant: STATE

C/S 5(1) (a) (i) OF THE EXCHANGE CONTROL ACT CHAPTER 22:05

ARW SECTION 20 (1) (b) OF THE EXCHANGE CONTROL REGULATIONS, SI 109/1996 "EXPORTING CURRENCY"

1. The complainant is the State.
 
2.    Accused person is Marry Mubaiwa, the Chief Executive Officer of East Town Holdings situated at number 14 Boundary Road, Highlands, Harare and also a Shareholder of Tarnor Investments Pvt Ltd.

3.    During period extending from October 2018 to May 2019, the accused would instruct Memory Chakuinga who is the Managing Director of two South African based companies namely Falcon Projects Pvt Ltd and Bonnette Electrical Pvt Ltd which are based in Pretoria, South Africa to raise proforma invoices for the purchases of either event tents and chairs or prepaid household electrical meters. The invoices would then be referred to CBZ Bank on the pretext that the accused wanted to purchase the event tents, chairs and prepaid meters for consumption in Zimbabwe, when in actual fact the accused knew very well that after the funds were transferred to South Africa, she would then divert them for other personal purposes.

COUNT ONE

4.    On 8 October 2018, accused sent her driver Carrington Kazingizi and Terrence Mutandwa to the Republic of China with United States Dollars cash amounting to one hundred and fourteen thousand dollars (US$114 000-00). The money exited Zimbabwe through Robert Mugabe International Airport without any declaration being made to the authorities which is in contravention of the Exchange Control Act, Chapter 22:05.

5.    The accused unlawfully externalized a total of US$114 000-00. COUNT TWO

6.    Sometime in November 2018, the accused instructed Memory Chakuinga to come up with a proforma invoice for the supply of event tents and chairs which were then sent to CBZ Bank and also to the accused. On 17 December 2018, the accused on the strength of the proforma invoice,
caused CBZ Bank to transfer two hundred and one thousand eight hundred and forty six dollars and eighty one cents (US$201 846-81) through Outgoing Telegraphic Transfer into Falcon Projects Suppliers Private Limited South African FNB Bank account number 62576755105.
 
Menyln towards the purchase of the accused's personal vehicle a Range Rover Autobiography. The vehicle was later registered in South Africa into the accused's personal names bearing registration number HW40JNGP.

8. The accused unlawfully externalized a total of US$201 846-81. COUNT THREE

9.    Sometime in February 2019, the accused instructed Memory Chakuinga to raise another proforma invoice for the supply of prepaid household electric meters. On 4 February 2019, the invoice was sent to CBZ Bank and to the accused. On 13 February 2019 the accused caused CBZ Bank to transfer three hundred and seven thousand five hundred forty five and five cents (US$307 545-05) through Outgoing Telegraphic Transfer into Falcon Projects Suppliers Private Limited South African FNB Bank account number 62576755105.

10.    Thereafter, the accused instead of purchasing the prepaid meters instructed Memory Chakuinga to divert the funds for the purchase of a house, being number 1309 Kingstone Heath Close, Waterkloof Golf Estate, Pretoria, South Africa. The house was registered in the name of LaChelle Travel and Tours Pty Ltd South Africa where the accused is the sole Shareholder.

11.    The accused unlawfully externalized a total of US$307 545-05. COUNT FOUR

12.    Sometime between February and March 2019, the accused asked her friend Judith Gamuchirai Goredema to source for three million rands (ZAR3 000 000-00) in South Africa for the purchase of the accused's second Range Rover vehicle. Judith Gamuchirai Goredema sourced the funds from South African Financers. In return the accused gave Judith Gamuchirai Goredema two hundred and thirty thousand seven hundred and sixty nine dollars twenty three cents (US$230 769- 23).

13.    The funds amounting to ZAR3 000 000-00 were then transferred into Kempster Sedgwick (Pty) Ltd FNB account number 62024618053 for the purchase of the accused's personal vehicle a Range Rover. The vehicle was later registered in South Africa into the accused's personal names bearing registration number HX61PSGP.
 
14.    The accused unlawfully externalized a total of US$230 769-23. COUNT FIVE

15.    Sometime between February and March 2019, the accused again asked her friend Judith Gamuchirai Goredema to source for ZAR480 000-00 in South Africa for the purchase of furnitures and in return the accused gave Judith Gamuchirai Goredema thirty six thousand nine hundred twenty three and eight cents (US$36 923-08) . Judith Gamuchirai Goredema sourced the funds from her South African contacts and it was transferred into her company Luvial Contact CC FNB Bank VISA card account number 4854 4221 2173 4375.

16.    Accused received the money and purchased the furniture using Judith Gamuchirai Goredema FNB Bank VISA card. The purchased furniture was delivered at house number 1309 Kingstone Heath Close, Waterkloof Golf Estate, Pretoria, South Africa.

17.    The accused unlawfully externalized a total of US$36 923-08. COUNT SIX

18.    Sometime in May 2019, the accused instructed Memory Chakuinga to raise another proforma invoice for the supply of prepaid meters. The invoice was forwarded to CBZ Bank and to the accused. On 29 May 2019, the accused caused CBZ Bank to transfer one hundred and forty two thousand eight hundred fifty eight dollars and ninety three cents (US$142 858-93) through Outgoing Telegraphic Transfer into Bonnette Electrical Pty Ltd South African Standard Bank account number 371164540.

19.    Instead of the funds to be channeled towards the intended purpose, the accused instructed Memory Chakuinga to divert the funds into Martin Portgietter Attorney Trust Account number 081327021 domiciled at Standard Bank South Africa towards the purchase of house number 1309 Kingstone Heath Close, Waterkloof Golf Eastate, Pretoria South Africa.

20. The accused unlawfully externalized a total of US$142 858-93.
 
C/S 8(2) OF MONEY LAUNDERING AND PROCEEDS OF CRIME ACT CHAPTER 9:24 CONCEALS, DISGUISES THE TRUE NATURE, SOURCE, LOCATION, DISPOSITION, MOVEMENT OR OWNERSHIP OF OR RIGHTS WITH RESPECT TO PROPERTY, KNOWING OR SUSPECTING THAT SUCH PROPERTY IS THE PROCEEDS OF CRIME.
COUNT ONE

1.    Sometime in November 2018, the accused instructed Memory Chakuinga to come up with a proforma invoice for the supply of event tents and chairs which were then send to CBZ Bank and also to the accused.

2.    On 17 December 2018, the accused on the strength of the proforma invoice, transferred US$201 846-81 through CBZ Bank account number 24929820019 into Falcon Projects Suppliers Private Limited South African FNB Bank account number 62576755105 solely for the purpose of purchasing of event tents and chairs.

3.    In order for the accused to launder the externalized funds, she concealed or disguised the true nature or source of the property by diverting the funds and further transferred it into Kempster Sedgwick (Pty) Ltd FNB account number 62024618053 for the purchase of the accused's personal vehicle a Range Rover Autobiography. The vehicle was later registered in South Africa into the accused's personal names bearing registration number HW40JNGP.

4.    The accused unlawfully laundered a total of US$201 846-81. COUNT TWO

5.    Sometime in February 2019, the accused instructed Memory Chakuinga to raise another proforma invoice for the supply of prepaid household electric meters. On 4 February 2019, the invoice was send to CBZ Bank and to the accused.

6.    On 13 February 2019 the accused caused transferred US$307 545-05 through CBZ Bank account number 24929820019 to Falcon Projects Suppliers Private Limited South African FNB Bank account number 62576755105 solely for the purchase of prepaid electric meters.

7.    In order for the accused to launder the externalized funds, she concealed or disguised the true nature or source of the property by diverting the funds and further transferred it into Martin Potgieter Standard Bank account number
 
81327021 for the purchase of house, being number 1309 Kingstone Heath Close, Waterkloof Golf Estate, Pretoria, South Africa. The house was registered in the name of LaChelle Travel and Tours Pty Ltd where the accused is the sole Shareholder.

8.    The accused unlawfully laundered a total of US$307 545-05. COUNT THREE

9.    Sometime between February and March 2019, the accused asked her friend Judith Gamuchirai Goredema to source for three million rands (ZAR3 000 000-00) in South Africa for the purchase of the accused's second Range Rover vehicle. Judith Gamuchirai Goredema sourced the funds from South African Financers. In return the gave Judith Gamuchirai Goredema two hundred and thirty thousand seven hundred and sixty nine dollars twenty three cents (US$230 769-23).

10.    In order for the accused to launder the externalized funds, she concealed or disguised the true nature or source of the property and transferred it into Kempster Sedgwick (Pty) Ltd FNB account number 62024618053 for the purchase of the accused's personal vehicle a Range Rover. The vehicle was later registered in South Africa into the accused's personal names bearing registration number HX61PSGP.

11.    The accused unlawfully laundered US$230 769-23. COUNT FOUR

12.    Sometime between February and March 2019, the accused again asked her friend Judith Gamuchirai Goredema to source for ZAR480 000-00 in South Africa for the purchase of furnitures and in return the accused gave Judith Gamuchirai Goredema thirty six thousand nine hundred twenty three and eight cents (US$36 923-08). Judith Gamuchirai Goredema sourced the funds from her South African contacts and it was transferred into her company Luvial Contact CC FNB Bank VISA card account number 4854 4221 2173 4375.

13.    In order for the accused to launder the externalized funds, she concealed or disguised the true nature or source of the property by purchased furniture which was delivered at house number 1309 Kingstone Heath Close, Waterkloof Golf Estate, Pretoria, South Africa.
 
14.    The accused unlawfully laundered US$36 923-08. COUNT FIVE

15.    Sometime in May 2019, the accused instructed Memory Chakuinga to raise another proforma invoice for the supply of prepaid meters. The invoice was forwarded to CBZ Bank and to the accused.

16.    On 29 May 2019, the accused caused CBZ Bank to transferred US$142 858-93 through CBZ Bank account number 24929820029 to Bonnette Electrical Pty Ltd South African Standard Bank account number 371164540 which was solely meant for the purchase of prepaid electric meters.

17.    In order for the accused to launder the externalized funds, she concealed or disguised the true nature or source of the property by diverting the funds and further transferred it into Martin Portgietter Attorney Standard Bank Trust Account number 81327021 towards the purchase of a house, being house number 1309 Kingstone Heath Close, Waterkloof Golf Estate, Pretoria South Africa. The house was registered in the name of LaChelle Travel and Tours Pty Ltd where the accused is the sole Shareholder.

18.    The accused laundered a total of US$142 858-93.

FRAUD AS DEFINED IN SECTION 136 OF THE CRIMINAL LAW (CODIFICATION & REFORM) ACT, CHAPTER 9:23.

1. The complainant is the Vice President of Zimbabwe Comrade Constantino Guvheya Dominic Nyikadzino Chiwenga.

2.    Accused Marry Mubaiwa is estranged wife of the complainant.

3.    During the year 2019 on the date to the prosecutor unknown, the accused misrepresented to Judge President George Mutandwa Chiweshe that herself and the complainant had consented to wed under the Marriage Act, Chapter 5:11 under the marriage licence on the 2nd of July 2019 at their place of residence at number 614 Nick Price Drive, Borrowdale Brooke, Harare. The accused then submitted copies of national identity documents of both parties to the Judge
 
President George Mutandwa Chiweshe without the knowledge and consent of the complainant.

4.    The Judge President then contacted the Acting Chief Magistrate Munamato Mutevedzi to look for a magistrate to solemnize the marriage. The Acting Chief Magistrate Munamato Mutevedzi as the highest ranking marriage officer in the Judiciary decided to preside over the wedding ceremony and the national identity documents were forwarded to him.

5.    The Acting Chief Magistrate Munamato Mutevedzi, upon noticing that the passport size photos and address of the parties were not included, he contacted the Secretary of the Judiciary Service Commission Walter Chikwana who in turn contacted the accused with the request.

6.    Later on the requested items were delivered to Walter Chikwana who forwarded them to Munamato Mutevedzi to facilitate the registration for special marriage licence for the complainant and accused. Acting on the misrepresentation, the marriage officer caused the completion of registration forms and the marriage certificates in preparation for the ceremony. When the accused was doing all this, complainant was bed ridden and not in a condition to consent to the marriage.

7.    After the applications for special marriage licences were made, a Duplicate original register MR No: 0222402 was prepared. On the Duplicate Original Register copy the marriage was between Constantino G.D.N. Chiwenga and Marry Mubaiwa. On the Register it was endorsed or indicated that the marriage was by own consent through the misrepresentation by the accused whilst in actual fact the complainant had not consented.

8.    On 22 June 2019, the accused together with complainant proceeded to South Africa where the complainant was to receive emergency medical attention as he was critically ill.

9.    On 2 July 2019, the marriage Officer Acting Chief Magistrate Munamato Mutevedzi proceeded to number 614 Nick Price Drive Borrowdale Brooke so as to solemnize the marriage with all the necessary documents for the marriage to take place. However he could not get access to the house.

10.    Investigations revealed that in preparation of the wedding, the accused had already made an order for the manufacture of two diamond rings at a Jewellery
 
Shop at Newlands Shopping Centre, Harare which were later delivered to her. The accused also advised her personal assistant Nyarai Bwanya to prepare and plan for the marriage ceremony.

11. By such misrepresentation, the accused caused prejudice to the good administration and reputation of complainant.

INVESTIGATIONS CARRIED OUT

•    A statement was recorded from Memory Chakuinga, the Managing Director of Falcon Projects Pvt Ltd and Bonnette Electrical Pvt Ltd South African based companies.

•    A statement was recorded from the Vice President of Zimbabwe Comrade Chiwenga,

•    A statement was recorded from Carrington Kazingizi, one of the accused's security driver,

•    A statement was recorded from Judith Gamuchirai Goredema one of the accused's friend who sourced the funds on behalf of the accused,

•    A statement was recorded from Andrew Mugari one of the Security Personnel for Vice President Comrade Chiwenga,

•    A statement was recorded from Godfrey Nyoni one of the Security Personnel for Vice President Comrade Chiwenga.

•    A statement was recorded from the Acting Chief Magistrate Munamato Mutevedzi.

•    Warrant of Search and Seizure was applied for and Bank Statements in respect of East Town Holdings were obtained.

•    Bank statement showing transfers to Falcon Projects Pvt Ltd was obtained from CBZ.

 
• On 14 December 2019, accused was arrested for the offences and is expected to appear in Court on 16 December 2019. Accused is detained at ZRP Rhodesville under DB number 811/19.
OUTSTANDING

•    To obtain a statement from the Judge President George Mutandwa Chiweshe.

•    To record a statement from the Secretary of JSC Walter Chikwana.

•    To obtain other bank statements from CBZ Bank.

•    To recover the property acquired in South Africa through externalized funds.

•    To obtain documentary exhibits from FNB and Standard Bank South Africa where the externalized funds were further transferred towards the purchase of Range Rover vehicles and a house.

•    To take the accused to Court on 16 December 2019 for initial remand. ZACC RR.98/11/19 refers

ZIMBABWE ANTI CORRUPTION COMMISSION



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