AG refuses to prosecute Jane Mutasa

By a correspondent 

Zimbabwe’s Attorney General Johannes Tomana is refusing to prosecute ZANU PF female black empowerment icon Jane Mutasa and her three alleged accomplices in a high profile company fraud case. Mutasa who is a former board chairperson of mobile phone network Telecel Zimbabwe is accused of defrauding the company of US$750 000 via the sale of fraudulently acquired starter sim-packs. She was jointly charged with her personal assistant Caroline Gwinyai, Telecel’s regional sales manager Charles Mapurisa and commercial director Naquib Omar. 

The Attorney Generals office is citing lack of evidence as its main reason and has also moved to block the complainant Telecel Zimbabwe from proceeding with a private prosecution of the matter. Telecel Zimbabwe lawyer Godfrey Mamvura of Scanlen and Holderness — unhappy with the decision — wrote to the AG seeking a certificate confirming that the office had declined to prosecute Mutasa and her three accomplices. 

In a letter dated April 23, the AG’s Office indicated that it was convinced that Mutasa and her accomplices had no case to answer. 

“Kindly note that I have read the witnesses’ statements in the police docket and have satisfied myself that the evidence therein does not establish a criminal offence against the four suspects. In the circumstances, I find it contra bono mores for me to grant my certificate in this matter. In essence I, therefore, withhold my certificate of Nolle Prosequi (decline to prosecute) and decline to issue the same,” reads part of the letter. 

Telecel Zimbabwe lawyers meanwhile believe they have overwhelming evidence against Mutasa and her accomplices and intended to proceed by way of private prosecution. They charged that Mutasa connived with former Telecel commercial director Omar to acquire stocks from Telecel Zimbabwe using her company Oxygon Investments. It is alleged the duo stole invoice books with serial numbers 3251-3300, kept by Mapurisa. Mutasa allegedly instructed Omar between August 26 and October 21 last year to request stock from Telecel Zimbabwe stores on behalf of Oxygon Investments. 

The case surfaced in September last year while a Telecel finance manager was preparing end-of-month financial statements. Telecel then engaged auditors who managed to quantify the variance to US$1,7 million of which US$750 000 was traced to starter packs and airtime cards purportedly sold to Oxygon Investments.

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