Mphoko’s externalisation case drags on

A case in which former operations manager at Bulk Cash and Carry Wholesalers implicated Vice President Phelekezela Mphoko in the externalisation of millions of dollars involving Pakistan businessman Imran Shahzad seems to be taking too long to be heard.

In an affidavit in possession of the Southern News signed on February 17, 2017 at Bulawayo Central District Police headquarters, the former manager Oga Chafausipo, 51, sought to expose the alleged shady deals that were taking place at the wholesale company situated along Basch Street and Khami Road in the city during his time at the company.

Chafausipo who worked for 16 years at the company claims that the company is involved in externalisation of funds, smuggling of goods, evading of tax and sale of substandard or expired goods. As a result he implicated Mphoko for allegedly taking a “protection fee”.

“Recently one of the politicians namely George Mlala, (member of the) Zimbabwe National Liberation War Veterans Association council of elders is also blindly assisting the company to perpetuate its illicit activities.

“I have it on good authority that Mlala was recently paid $35 000 for onward transmission to… Mphoko for the sole purpose of no interference or protection of the company,” Chafausipo claimed.

The former manager also added that he also witnessed first-hand on two separate occasions how over $8 million was separately externalised by his former boss.

Police have confirmed handling the matter which they feel is high profile, hence needs time to investigate.

However, it’s almost six months now and no action has been taken so far regarding bringing the matter to the courts of law.

In his own words, Chafausipo told the Southern News that while he has been to high offices that he thought were relevant in his case, nothing to date has materialised.

“I have been engaging the police and I have spoken even to the Propol, I engaged the CID, including Zimra and they are aware of my case but surprisingly I am still to hear from them,” Chafausipo said.

Legal experts who spoke to this paper yesterday seemed to highlight some intricacies surrounding the matter.

Veteran legal practitioner Brighton Ndove said the challenge was that the law does not prescribe a reasonable duration within which police investigations should be completed.

“This is the case especially in matters where no personal right to liberty is under threat. So ideally it is difficult to accuse the police of delaying investigations unless there are positive pointers that the police are deliberately frustrating the process of investigations in which event the complainant can, in my view, approach the Constitutional Court to enforce his or her rights to protection of the law as is enshrined in the Constitution of Zimbabwe,” Ndove said.

He added: “It must also be emphasised that the ZRP is an independent board that must not be operating under anyone’s directions although they normally respect lawful directives from the Prosecutor General and the courts in matters that would have been taken to such institutions of the State.”

Another legal expert Dumisani Dube said it was complex matter.

“I think since there is talk of externalisation of funds the investigation will involve RBZ exchange control in Zimbabwe and regulatory bodies in Botswana,” Dube said.

“However, police commercial crimes unit does not have expertise in these sorts of issues. Consider also names implicated, there is a lot of clearances needed from higher offices for junior officers,” he said.

Dube also noted the need for evidence gathering, need to obtain documentary evidence from all parties implicated through search warrants which he said might take a while.

“However, I don’t think evidence so far gathered warrants the matter to be taken to court; it’s mostly hearsay from a disgruntled former employee who is also an accomplice.

“In the absence of any independent credible third party evidence there is no case to talk about for now.”

However, Affirmative Action Group regional president Reginald Shoko challenged Chafausipo to appeal to the ministry of Home Affairs if he felt he was getting a raw deal from the law enforcers.

“I think the former manager has an option of taking the matter up with the minister if he feels there are unnecessary delays.” Daily News