Controversial Harare businessman and socialite Genius Kadungure who is popularly known as Ginimbi has filed an urgent chamber application at the High Court as he cites that the magistrates denial of his bail application was an unconstitutional depravation of liberty.
Through his lawyers, Kadungure indicated that he was a proper candidate for bail as he was already out on bail from other matters hence there was no reason to deny him bail.
He will however spend another night at the Remand prison as the High Court is set to make a ruling on the matter tomorrow afternoon.
“Notwithstanding that bail is a constitutional right, the magistrate a quo initially acceded to my bail placement but requested that he furnish proof of sufficient recognizances. The matter was adjourned for his to furnish the proof to the court. The court resumed and on its resumption the presiding magistrate ruled that applicants bail application was dismissed and I was to be incarcerated.
Kadungure is facing charges of fraud and money laundering.
He was denied bail by Harare magistrate Bianca Makwande and remanded to December 14 in custody on the basis that he is facing serious offences of national interest.
Kadungure is being charged in his personal capacity as the Director of Piko Trading Private limited and he is also representing Pioneer gas and he is also being charged in his personal capacity.
Allegations are that during the period extending from February 2009 to May 2016, he evaded paying Value Added Tax (VAT) as he made a misrepresentation to ZIMRA that his company had made total sales of $2 777 678.13 inclusive of VAT whereas in actual fact he had made a total sales of $9 092 952.51 inclusive of VAT.
The offence came to light after ZIMRA conducted an investigation into his company.
As a result of the prejudice, ZIMRA lost $417 940.58.
On the second count, it is alleged that sometime in 2015, ZIMRA conducted lifestyle audits on socialites after observing an excessive expenditure which was not matching with their tax declarations.
On March 2, 2016, Kadungure was interviewed and advised that he owns a residential property in Domboshava valued at $200 000, a Royce Rolls valued at ZAR4 million, a Bently valued at $50 000, a Range Rover valued at ZAR1,1 million, a Mercedes Benz S Class valued at ZAR1 million and a BMW valued at $3 000.
Kadungure also allegedly said that he had furniture in Domboshava worth $20 000.
It is the States case that he was asked to prove the source of his income but he failed.
It is alleged that during the period extending from January 2010 to December 2015 he did not declare income amounting to $9 092 952.51 which was from LP gas sales and $1 191 713.45 from all his properties.
As a result, an Income Tax of $2 134 549 and $306 866.21 were raised in terms of Section 6 of the Income Tax Act which he was supposed to pay to ZIMRA.
He allegedly violated Section 81 (1) (a) of the Income Tax Act as was required of him.
It is also alleged that during that time, he imported LP gas From South Africa and Zambia.
He allegedly smuggled 5 298 000kgs of gas valued at $672 533.93.
Further, he is accused that during the same period he was supposed to deduct Pay As You Earn (PAYE) from his 11 employees and also from his salary as a Director and as such ZIMRA was prejudiced of PAYE tax amounting to $355 000.