HARARE – The Supreme Court has upheld the 18-year prison sentences for former employees of Delatfin Civil Engineering who were found guilty of stealing and selling residential stands worth US$3 million.
The court also ordered that the residential stands be returned to Delatfin Civil Engineering’s registry.
The two convicted former employees, Jacob Muyambo and Saymore Mutakura, were originally sentenced to 20 years by Harare magistrate Stanford Mambanje, who later suspended two years of the sentence on condition of good behaviour.
The two were convicted together with car dealer Amos Kagona before he tragically shot himself on the day he was supposed to be sentenced.
The duo appealed their conviction and sentence before the High Court judges of appeal, Justices Happius Zhou and Neville Wamambo who dismissed their appeal.
The judges dismissed the two’s appeal saying the magistrate was within the confines of the law when he convicted and sentenced them to 20 years imprisonment.
The High Court judges also upheld Mambanje’s order that the stands at the centre of the dispute be returned to the registry of Delatfin, which shall assume ownership of the land worth US$3 million.
“The evidence led by the State was credible and reliable. The amount involved totalled to above US$3 million, a figure that was obtained by an auditor who testified in this court,” the judges ruled.
The judges said while the convicts were first offenders, a lenient sentence would send a wrong message.
“But, that’s not the ultimate solution. The State made emphasis on the value of the stolen property. This is a very serious case of fraud. It was premeditated,” the judges said.
“Muyambo abused his office and the trio was persistent in their enterprise and bit the hand that fed them.
“Their moral blameworthiness is high, hence the sentence must fit the crime and be blended with mercy.”
The judges said the offence was committed in aggravating circumstances.
“The available mitigating factors are outweighed by the aggravating factors and they can only get them a slight reduction.
“The property stolen stands should be reverted to the registry of Delatfin, which shall assume the ownership of the stands.”
However, the accused took the case to the Supreme Court appealing the High Court decision to uphold the conviction and sentence.
The Supreme Court bench consisting of Justice Mavangira, Justice Lovender Makoni and Justice Hlekani Mwaera upheld the High Court decision and dismissed the accused’s appeal.
“Whereupon reading documents files or record and hearing counsel, it is ordered that, The appeal be and is hereby dismissed,” the Supreme Court judges ruled.
The Supreme Court ruling marks the end of the legal dispute which had threatened development by Delatfin and the judgement will also affect those who bought the stolen stands from the accused persons as the court ordered Delatfin to assume ownership.
Then Harare Magistrate Mambanje in passing the sentence the accused had bit the hands that fed them by stealing from their employer.
The court heard that after illegally selling the stands, they would prepare fake agreements of sale purporting that the stands in question would have been sold with Muyambo, in his capacity as the finance manager approving the sale.
They would then share the proceeds, while they were fully aware that these stands were to be disposed of at a later stage and that their employer would not notice at the time that the stands were being disposed of.
The accused were represented by Admire Rubaya.
