Genius Kadungure remains behind bars

By Tendai Rupapa

Harare businessman Genius Kadungure, who is facing charges of defrauding two businessmen of R1,5 million, was on Tuesday granted $1 500 bail.

However, he will remain in custody for the next seven days after the State invoked Section 121 of the Criminal Procedure and Evidence Act. The section allows the State to hold suspects for a week while it considers appealing.

Kadungure swindled Zanu-PF MP for Chegutu West Dexter Nduna, who is the managing director of Badon Enterprises (Pvt) Ltd and a Kadoma-based miner only identified as Gatawa of R1 581 890.

Kadungure appeared before magistrate Mr Milton Serima, who granted him the bail coupled with stringent conditions. As part of his bail conditions, Kadungure was ordered to report five days a week, Monday to Friday at CID serious frauds and to surrender his passport.

He was also ordered to continue residing at his given address and not to interfere with witnesses and investigations until the matter is finalised.

In granting the bail, Mr Serima said: “After hearing submissions from both counsels, this court finds that there are no cogent reasons to keep the accused person incarcerated. The State’s fears that he might flee if granted bail are bold assertions. The State should have brought the investigating officer to testify if ever he attempted to flee during investigations.“

The State also failed to produce evidence to show that the accused person is used to lavish life only and cannot live any other life. Reasons by the State are not substantiated and their fears can be cured by stringent conditions.”
Prosecutor Mr Michael Reza then invoked Section 121 of the Criminal Procedure and Evidence Act.

“Your Worship, the State is not happy by the ruling of this honourable court. However, the State intends to appeal to the High Court in terms of section 121 of the Criminal Procedure and Evidence Act,” he said.

However, Kadungure’s lawyer Mr Jonathan Samukange told the court that by invoking section 121, the State was going against the new Constitution. He threatened to take the matter to the Constitutional Court. The matter was remanded to June 3 this year.

According to the State, It is alleged that sometime in November 2012, Kadungure in connivance with unknown accomplices created a fictitious company named Transco Civil Engineering purportedly based in South Africa and opened an ABSA account for the company.

He allegedly created an e-mail account named [email protected] <mailto:[email protected]>, pretending to be a legitimate representative of Marange Resources.

He then contacted the complainants over the phone and misrepresented himself as the chief buyer for Marange Resources looking for mining pumps at competitive prices, it is alleged.

The complainants became interested and he referred them to his bogus company, Transco Civil Engineering in South Africa on the pretext it was a recommended supplier for the pumps.

On December 4, Gatawa sent his brother Enock to South Africa to buy the pumps. He was ordered to deposit R1 046 890 for the purchase of 10 flight pumps in the ABSA bank account. After the transfers, Enock was told by Transco Civil Engineering “officials” to go back to Zimbabwe and check for his parcel with DHL in three days time.

On December 12, Gatawa went to DHL, Airport branch to collect the pumps and was shocked to receive a parcel of cellphone chargers. That is when he realised that he had been duped, the court heard. The Herald