Reginald Bernstein was last week arrested in Zimbabwe after
a successful extradition application by South Africa at the High Court in
Harare.
While there is no formal extradition agreement between
South Africa and Zimbabwe, Government rendered mutual legal assistance in terms
of the Extradition (Designated Countries) Order of 1990, which designated South
Africa as one of the nations to which the Government can seek or render
assistance in extradition cases.
In terms of the Extradition Act, Zimbabwe’s chief law
officer Mr Chris Mutangadura argued the application on behalf of the South
African Government.
This comes at a time when Zimbabwe has three pending
extradition requests for its own fugitives from justice, who are hiding in
South Africa.
Ex-ministers, Saviour Kasukuwere and Walter Mzembi are among
those on Zimbabwe’s wanted list.
The National Prosecuting Authority pushing for their
extradition to face prosecution on criminal charges for acts allegedly
committed while they were still holding public office.
In the Bernstein case, Justice Felistus Chatukuta found
merit in the extradition request and granted the order sought in 2019.
Last week, police stubmbled upon Bernstein in Bulawayo and
took him to court where he was committed to prison pending extradition to South
Africa.
Bernstein, who enjoys both Zimbabwean and South African
citizenship, allegedly swindled his former employer, Dainfern Golf Estate and
Country Club’s Home Owners’ Association, of over R1 million and transferred it
into his wife’s bank account.
He was employed as an accountant. When he appeared at the
Specialised Commercial Crime Court in South Africa in 2016, he was freed on
bail but fled to Zimbabwe.
A warrant of arrest was issued against Bernstein and a
manhunt began. Intelligence gathered by the South African police revealed
Bernstein was hiding somewhere in Zimbabwe.
Cooperation between Zimbabwe and South Africa led to a
successful application for the suspect’s committal to prison pending
extradition.
The South African Government will meet all the costs
associated with the extradition of Bernstein.
He was charged with fraud when he appeared at the
Specialised Commercial Crime Court in Johannesburg. Upon release on bail, he
was ordered to surrender his South African passport, which he did. But in 2016,
Bernstein vanished, having managed to get a Zimbabwean passport, and police
investigations revealed that he had dual citizenship and had fled to Zimbabwe.
Being Zimbabwean by birth, Bernstein reportedly obtained a
Zimbabwean passport for use while in hiding.
A request was made to the Zimbabwean Government resulting
in the Ministry of Home Affairs issuing a warrant of provisional arrest in
terms of Section 25 (3) of the Extradition Act.
Bernstein was arrested in March 2018 in Victoria Falls.
A month later, an application for extradition was filed
before a Victoria Falls magistrate but was dismissed because the State had no
original documents from South Africa.
Mr Mutangadura, who heads the Asset Forfeiture Unit, took
over the case on appeal at the High Court and argued the matter until the court
ordered the extradition of the fugitive.
Former Cabinet minister Saviour Kasukuwere, who Zimbabwe
wants extradited, needs to answer to four counts of criminal abuse of duty as a
public officer.
The first three counts arise from the time when Kasukuwere
was Local Government, Public Works and National Housing Minister and allegedly
corruptly parcelled out over 220 hectares of land in Harare and Masvingo to the
sister of former First Lady Grace Mugabe, Shuvai Gumbochuma.
The other count dates back to when as Minister of Youth,
Indigenisation and Economic Empowerment, he allegedly and corruptly awarded a
tender to a company called Brainworks Capital.
Government is awaiting response from South Africa following
a request to have another former Cabinet Minister, Walter Mzembi, extradited
for trial on theft and fraud charges.
Mzembi skipped bail while on remand on charges of criminal
abuse of duty and theft of trust funds involving US$847 000.
Mzembi allegedly committed the offences when he was
Minister of Tourism and Hospitality Industry and was spearheading Zimbabwe’s
co-hosting of the United Nations World Tourism Organisation Conference in
August 2013.
He is believed to be staying in South Africa since he
skipped bail on the criminal charges some two years ago.
Kenya is also expected to respond to Zimbabwe’s request for
the extradition of former Minister Jonathan Moyo, who is accused of diverting
US$244 575 from the Zimbabwe Manpower Development Fund. Herald
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