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Zimra witness testifies against prominent Bulawayo lawyer
3 hrs ago |
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A witness from the Zimbabwe Revenue Authority has testified in a case involving prominent Bulawayo lawyer Zibusiso Ncube, who is accused of misappropriating US$26 000 meant for capital gains tax.
Ncube appeared before Bulawayo Regional Magistrate Mathew Mutiro on Tuesday facing charges of theft of trust property under Section 113(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
He is being represented by Reginald Mutero and Thabekhulu Dube.
The complainant, Debra Anne Montocchio, a director of Foojip Investments (Pvt) Ltd, told the court that although she paid the money to Ncube's law firm, she did not hand it directly to him.
"I gave the money to Ncube's law firm but I did not hand it to Mr Ncube," she said.
A Zimra official, testifying as a State witness, told the court that repeated efforts to recover the funds were unsuccessful.
"My superiors tasked me to contact Ncube. After that, I called him directly on his phone and he would tell me that he would come and pay," the official said.
"He would give a date but would not come on that particular day. After that, I decided to send emails via his law firm email, but still he would give me empty promises."
Prosecutor Vhusani Moyo told the court that the accused allegedly converted the US$26 000 entrusted to him for payment of capital gains tax into personal use.
The court heard that in 2021, Ncube acted on behalf of Qoki Zindlovukazi Investments (Pvt) Ltd in the purchase of a 38.8495-hectare property known as Subdivision E of Douglasdale for US$520 000.
Following the transaction, Montocchio allegedly handed over US$26 000 in January 2022 to cover capital gains tax payable to Zimra. Ncube reportedly acknowledged receipt of the funds and undertook to remit the payment and secure a tax clearance certificate.
However, the State alleges that he failed to pay the tax, diverted the funds, and issued false assurances when asked for proof of payment. The matter was later reported to the police, leading to his arrest.
The case has been postponed to April 23 for continuation of trial.
Ncube appeared before Bulawayo Regional Magistrate Mathew Mutiro on Tuesday facing charges of theft of trust property under Section 113(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
He is being represented by Reginald Mutero and Thabekhulu Dube.
The complainant, Debra Anne Montocchio, a director of Foojip Investments (Pvt) Ltd, told the court that although she paid the money to Ncube's law firm, she did not hand it directly to him.
"I gave the money to Ncube's law firm but I did not hand it to Mr Ncube," she said.
A Zimra official, testifying as a State witness, told the court that repeated efforts to recover the funds were unsuccessful.
"My superiors tasked me to contact Ncube. After that, I called him directly on his phone and he would tell me that he would come and pay," the official said.
"He would give a date but would not come on that particular day. After that, I decided to send emails via his law firm email, but still he would give me empty promises."
Prosecutor Vhusani Moyo told the court that the accused allegedly converted the US$26 000 entrusted to him for payment of capital gains tax into personal use.
The court heard that in 2021, Ncube acted on behalf of Qoki Zindlovukazi Investments (Pvt) Ltd in the purchase of a 38.8495-hectare property known as Subdivision E of Douglasdale for US$520 000.
Following the transaction, Montocchio allegedly handed over US$26 000 in January 2022 to cover capital gains tax payable to Zimra. Ncube reportedly acknowledged receipt of the funds and undertook to remit the payment and secure a tax clearance certificate.
However, the State alleges that he failed to pay the tax, diverted the funds, and issued false assurances when asked for proof of payment. The matter was later reported to the police, leading to his arrest.
The case has been postponed to April 23 for continuation of trial.
Source - The Chronicle
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