Published: 4 hours ago

Zanu-PF Midlands provincial vice-chairperson, Lewis Matutu, has been acquitted of a US$150 000 fraud charge in which he was accused, alongside four others, of illegally seizing shares in Shisib Investments.

Matutu and his co-accused - Blessing Kusangaya, Tafadzwa Kusangaya, Muzimba Muhamba and Chikwasha Muhamba - had been on trial for allegedly forging company documents to assume control of the mining firm.

The matter was heard by Harare regional magistrate Noel Mupeiwa, who cleared all five, citing lack of evidence. He ruled that the State, led by prosecutor Anesu Chirenje, failed to substantiate allegations that the accused forged the company’s annual returns for the years 2014 to 2017.

“The alleged forgery formed the basis of the charge. Without evidence to support it, the court cannot convict,” Mupeiwa said.

During cross-examination, defence lawyer Moffat Makuvatsine revealed that the company’s annual returns had been handled by one Nyaradzo Chirisa, who was also responsible for preparing official company documents. The defence questioned why Chirisa had not been called to testify on whether the accused had tampered with the records.

The complainant himself confirmed in court that he had allocated directorship and shares to some of the accused persons, noting there was no reason for them to steal what had already been given.

Mupeiwa further ruled that no evidence had been provided regarding the operational terms of Shusib Investments (Pvt) Ltd, trading as CMK Mining Syndicate. He concluded that the record before the court showed no interference by the accused in the company’s operations as an independent entity.

The State had alleged that the accused backdated annual returns to 2014, forged signatures of both the complainant and one Lyton Shumba, and then made Shumba sign as company secretary. They were further accused of notifying the Registrar of Companies of purported changes in shareholding and directorship structures, positioning themselves as majority shareholders.

It was also alleged that, using the disputed shares, the group attended the company’s annual general meeting on November 19, 2024, where they removed the complainant from directorship and resolved to change the company’s registered address.

However, with the court finding no proof of forgery or fraudulent conduct, the charges collapsed, resulting in the full acquittal of Matutu and his co-accused.
- newsday

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