Chivhayo, Ginimbi fraud trial starts

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STATE prosecutors were on Wednesday left with an egg on their faces after a Supreme Court judge lashed at them for being clumsy in their appeal challenging the acquittal of businessman Wicknell Chivayo.
STATE prosecutors were on Wednesday left with an egg on their faces after a Supreme Court judge lashed at them for being clumsy in their appeal challenging the acquittal of businessman Wicknell Chivayo.

Harare – The trial for the controversial businessmen, Wicknell Chivayo and Genius Kadungure who are being charged for allegedly defrauding two local businessmen about six years ago has commenced.

The two are facing fraud charges to the effect that sometime in November 2012 Chivayo connived with Kadungure to create a fictitious company named Transco Civil Engineering based in South Africa with the intent of duping a local businessman.

They reportedly gave the complainant an order to supply 10 T-90 Transco-Flo Helical Rotor pumps and referred him to Transco knowing that it was a fictitious company under the guise that they were doing business on behalf of Marange Diamonds.

The complainant then sent his brother, Enock Gatawa and ZAR446 900 was deposited into Transco’s ABSA account and a further ZAR600 000 in two instalments the following day.

After transferring the money, Gatawa contacted Transco and was told to go back to Zimbabwe and wait for delivery of the pumps in three days.

To his surprise, Gatawa got a parcel that had four cell-phone chargers and attempts of contacting their dealer were futile as they were no longer picking their phones.

Kadungure was implicated in the matter after some of the money that had been deposited into the ABSA bank account was traced to his Pioneer Gas company.

One Dee Kabwebwe, a friend to Kadungure’s wife, Zodwa Mkandla (separated) told the court that during the time the crime was committed, Chivayo had contacted her indicating that he had money in a South African ABSA bank account in case she needed funds in South Africa.

She told the court that she had turned down the offer by Chivayo since she had no need for money in South Africa.

The following day, Kadungure had called Kabwebwe asking if she had funds in South Africa amounting to ZAR500 000 as he wanted to purchase gas for his gas company.
Since she had information of Chivayo’s offer, she contacted him telling him of the deal that had come up.

He indicated that he did not wish to do business with Kadungure as he was his friend and he could possibly have problems getting his money as a result of their friendship.
Kabwebwe did the transaction on his behalf instead.

She received USD$50 000 from Kadungure’s sister to pay for the transaction and the deal was made.

She was paid her commission by Chivayo after handing him his money in cash.
Sometime later, she had been called by Kadungure asking her where she had gotten the money from since the police were now investigating him.

The trial is set to continue before a Harare magistrate.

It is the State’s case that using the same modus operandi, Kadungure and Chivayo opened an ABSA bank account under the name Always on Pumps (Private) Limited.

They then approached Nduna claiming they were looking for mining pumps. Nduna was given an order for 20 T-90 Transco-Flo Helical Rotor pumps before being referred to Always on Pumps, which was purported to be a reputable supplier.

He lost ZAR535 000 in the deal as Chivayo and Kadungure became evasive.