The High Court in March this year dismissed the PG’s
application for forfeiture of the vehicles, three Ford Ranger T6 double cab
vehicles and a Tata Xenon.
The vehicles were bought from funds donated by the
corporate world ahead of the UNTWO conference.
But the PG contends that he was never advised of the
judgment day, hence his office failed to appeal within the permissible time
frame.
He had to seek condonation to file the appeal out of time,
an application that was granted by the Supreme Court yesterday.
Mzembi, who was Tourism Minister, ex-permanent secretary
Margaret Sangarwe and two hired UNTWO consultants — Sussana Makombe Kuhudzai
and Dzingira Mushore — allegedly retained the vehicles after the conference
against an agreement that the vehicles were to be handed over to Government.
Although the criminal case against the suspects was still
pending at the magistrates’ court, Justice David Mangota went on to clear
Mzembi, Margaret Sangarwe and the two consultants of any wrongdoing saying,
“Their hands remain as white as snow”.
Supreme Court judge, Justice Nicholas Mathonsi yesterday
granted the PG’s application to contest the decision.
Acting Deputy Prosecutor General Mr Justin Uladi yesterday
said the case was not yet over and the PG will now file an appeal.
He clarified that the High Court had only been asked to
rule on whether or not the vehicles should be forfeited, saying the criminal
case was still to be determined by the magistrate’s court.
“The judgment which came out on March 12 was about
forfeiture of motor vehicles and it had nothing to do with criminal charges
they are facing.
“Further, we are appealing the decision and we have just
been granted condonation to appeal out of time by Justice Mathonsi this
afternoon.
“We could not appeal within the time frame provided by the
rules as we had not been advised of the date for handing down the judgment,”
said Mr Uladi. On appeal, the State will argue that the vehicles belong to
Government and they must be forfeited.
“It is submitted that vis, the first ground of appeal, the funds
which purchased the disputed vehicles were donated to Government as per
Professional Organiser Contract between the Ministry of Tourism and Hospitality
and the fundraising consultants who were to be remunerated 2-3 percent of the
success fee.
“Consequently, the decision by the respondents to petition
property whose beneficial owner was Government of Zimbabwe constituted an act
of unlawful conversion to own use, which renders the said vehicles proceeds of
crime . . . ”
The State also argues that the person who purchased one of
the vehicles could have verified its ownership before parting with money. The
vehicle, according to the registration book, belonged to UNTWO and failure to
verify ownership resulted in the unlawful sale.
In his application for a civil forfeiture order, Mr Hodzi
says: “In 2011, Zimbabwe and Zambia won the bid to co-host the 20th United
Nations World Tourism Organisation (UNWTO) Conference in August 2013.
“Government assigned Mzembi to come up with various ways to
raise money for hosting the conference. Mzembi engaged Kuhudzayi and Mushore as
consultants to carry out fund-raising activities on behalf of the ministry.”
Mr Hodzi said the ministry’s mandate was to fund-raise with
local and international corporate companies, donors and financiers.
This led to the signing of a professional conference
organiser (PCO) contract on May 15, 2012, between the ministry and the contractor
valid for 24 months. Kuhudzayi and Mushore were signatories to the PCO
contract.
Remuneration for consultants was based on a success fee
between two to three percent depending on the value raised.
“Kuhudzayi and Mushore formed a consultancy company called
Conventions Africa and Mzembi, using a Government letterhead, wrote letters
requesting donations,” read the application.
“Corporates responded positively and Mbada Diamonds donated
US$815 000. Using the money, the pair bought two Ford Ranger T6 double cabs for
US$52 493,00 and US$53 683 and a Ford Ranger double cab for US$44 534.”
The vehicles were to be used before and during the hosting
of the UNWTO and they were registered in a UNWTO trust which was not registered
with the Registrar of Deeds.
Sangarwe took possession of a Ford Ranger T6 (registration
number ACU 6801) and did not surrender it after the conference.
The Zimbabwe Anti-Corruption Commission (ZACC) investigated
the matter, the vehicle was recovered and Sangarwe charged.
Kuhudzayi took the other Ford Ranger T6 (ACU 3707) contrary
to Government procedures. She sold the vehicle to Grey Hama and was later
arrested. “Mzembi took a Ford Ranger (ACU 7946). In March 2013, Mzembi
approached Mimosa Mine through its chairman, Mr Winston Chitando, who donated a
Tata Xenon double cab (ACX 5409) for use at the conference,” read the
application.
Mushore took possession of the vehicle. Herald
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