Jeremiah Matenhese (60) who runs Polka Executor Services
was arrested together with a local Commissioner of Oaths, Kingstone Pukutayi
Munjari (66), after the Zimbabwe Anti-Corruption Commission (ZACC) swoop on
them.
Matenhese and Munjari appeared in court last week on
Friday.
They are being charged with fraud as defined in Section 136
of the Criminal Law (Codification and Reform) Act, Chapter 9:23.The two were
remanded out of custody to March 30 on $80 000 bail each.
Ms Perseverance Makala presided over the case, while Mr Tom
Nyatsuro prosecuted. Allegations were that on February 28, 2008, Phineas
Muchafuruka died and left his children, Talent, Artwell, Emmanuel, Shyline,
Patricia and Sandra as beneficiaries of his estate.
The estate was registered with the Master of High Court
under DRME 102/18.
“An edict meeting was held on August 8, 2018 at the Master
of the High Court in Mutare. Present in the meeting were four of the
beneficiaries of the late Phineas Muchafuruka’s estate, namely Emmanuel,
Sandra, Patricia, Shyline and their aunt, Mercy Muchafuruka.
“In the meeting, Sandra was nominated and recommended by
the parties present to be the executor of the estate. On March 15, 2019, Sandra
caused another edict meeting at the Master of the High Court, Mutare, where Artwell
nominated Matenhese to be the new executor of the estate in the absence of his
siblings.
“In the meeting, Artwell forged a general power of attorney
signed to his name, purporting that the document had been signed by the other
absent beneficiaries, giving him a proxy to act on behalf of the other
children. The other children were not aware of this meeting and neither did
they sign any general power of attorney to nominate Artwell as their proxy,”
said Mr Nyatsuro.
The State further alleged that after Matenhese was
nominated as the new executioner of the estate, he went on to file the forged
waiver of security forms with the Master of the High Court, purporting that the
documents were signed by the beneficiaries.
This again is alleged to have been done without the
knowledge of Emmanuel, Talent, Shyline and Patricia as they never signed any
waiver of security documents.
Matenhese is alleged to have made a request to the Master
of the High Court seeking for consent to sell the estate’s asset, which is a
house in Chikanga.
In his request, he attached a document which was
commissioned by Munjari.
“The document was purporting that all the beneficiaries had
consented to sell the house. The document had forged signatures against the
names of Emmanuel, Shyline, Talent and Patricia, despite them having never
signed it or appeared before the Commissioner of Oaths to give consent,” said
Mr Nyatsuro.
“The document is purported to have been signed by the
beneficiaries. However, Patricia who also had her signature forged, was in
South Africa where she was employed as a teacher, while Shyline was a minor
aged 15, hence she could not have signed any legally binding document,” he
said.
Mr Nyatsuro said the fraudulent document was then used by
Matenhese to request for the consent of the Master of the High Court to sell
the property.
The request was granted, leading to disposal of the Chikanga
house.
Matenhese sold the house to Ernest Porusingazi for $300 000
on October 23, 2019.
As a result of the accused persons’ actions, the
complainant and his other siblings were prejudiced of their shelter and a share
of their estate.
Artwell is on the run as the police are looking for him in
connection with the matter. Manica Post
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