In a memo in possession of Chronicle, the NPA said
prosecution was declined due to lack of evidence.
Dr Dube owns vast tracts of land in Gweru, Shurugwi,
Zvishavane and Bulawayo under her company, River Valley Properties (Pvt Ltd).
Thousands of homeseekers and businesses have benefited from
her serviced residential and commercial stands in the different towns.
Dr Dube was arrested by the Special Anti-Corruption
Commission Unit (SACCU) in March last year but the matter has been dragging
before the courts.
“An arrest was made and the accused has been found not
guilty. Prosecution was declined due to lack of evidence,” reads part of the
memo.
Dr Dube, through her legal team, successfully challenged
her placement on remand at the Bulawayo High Court which suspended all court
proceedings.
In her ruling, Bulawayo High Court judge Justice Nokhuthula
Moyo cited unlawful arrest and breach of human rights.
In a press statement released yesterday, Dr Dube’s legal
team said they were happy that justice has finally prevailed.
It is with great pleasure to notify the members of the
public that our client, Smelly Dube who was arrested and charged with three
counts of fraud and alternatively charged with conspiracy to criminal abuse of
duty has been exonerated after all charges were dropped,” reads the press
statement by Dr Dube’s legal team comprising Advocate Lewis Uriri, Advocate
Joshua Chirambwe, Mr MacPatrick Zinyakatira, Mr Esau Mandipa and Mr Nqobani
Sithole.
“Justice was done as there was patently no reasonable
suspicion that any offence had been committed.”
The legal team said there was no reason to arrest their
client as all her transactions were above board and documents to prove this
have been availed.
“The withdrawal of the charges is premised on the fact the
NPA declined to prosecute on the ground that there was absolutely no evidence
that linked our client, Smelly Dube to the commission of an offence after over
a year from the date of her arrest. The allegations were rather false and
actuated with malice and without any iota to pursue the interests of justice,”
further read the statement.
Contacted for comment Dr Dube said justice had prevailed.
“I am happy that now I have been cleared. I appreciate the
work done by my legal team but I am even happy that the New Dispensation did
not want to involve politics but left it for the courts to prove and today
justice won the day. I believe in hard work and my work speaks for itself. I
was not deterred. I am even stronger and determined than before,” said the
businesswoman who has won several local and international business awards. Chronicle
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