By Fungai Lupande
The trial of former acting chief executive officer of Zimbabwe Consolidated Diamond Company (ZCDC), Mark Mabhudhu, accused of swindling the company of over $70 000, was yesterday set for March 27.
Mabhudhu (48) is facing charges of theft of trust property and appeared before Harare magistrate Ms Barbara Chimboza.
ZCDC is in the business of mining and selling of diamonds and was incorporated in 2015 after the merger of various diamond mining companies in Chiadzwa, Manicaland province.
The firm was represented by its chief security officer, Mr Clemence Munoriarwa.
Prosecuting, Mr Sebastian Mutizirwa alleged that on November 18, 2015, Mabhudhu was appointed acting chief executive officer by the ZCDC board.
Among his benefits, Mabhudhu was offered a Jeep Charokee (registration number ACO 1529) and a fully furnished house in Borrowdale Brooke, Harare.
It is alleged that on June 3 last year, Mabhudhu’s contract was terminated and the company directed him to surrender its assets and vacate the company house within three months.
The court heard that on December 16 last year, Mabhudhu went way with the vehicle and all household property.
The matter came to light four days later after an asset verification exercise discovered that Mabhudhu converted the firm’s property worth $78 248, 96 to his own use.
The matter was reported to the police and property worth $75 000 was recovered.
Meanwhile, a Harare lawyer, Mr Washington Muchandibaya of Muchandibaya and Associates, has been removed from the register of legal practitioners for abusing trust funds, writes Daniel Nemukuyu.
Mr Muchandibaya was found guilty of unprofessional, dishonourable or unworthy conduct after failing to account for a client’s $12 760 held in trust.
Justice Felistus Chatukuta, sitting with three other members of the Legal Practitioners Disciplinary Tribunal, deregistered Mr Muchandibaya and ordered him to pay legal expenses incurred by the Law Society of Zimbabwe (LSZ) in instituting the disciplinary proceedings.
“It is accordingly ordered that the respondent’s name be and is hereby deleted from the Register of Legal Practitioners, Notaries Public and Conveyancers in terms of Section 28 (1) (c) (I) of the Legal Practitioners Act (Chapter 27:07).
“The respondent be and is hereby ordered to pay the applicant’s expenses incurred in connection with these proceedings,” ruled Justice Chatukuta.
On April 2 2013, LSZ received a complaint from Mr Patrick Mahwindo that Mr Muchandibaya had abused his funds amounting to $12 760.
Mr Mahwindo stated that he entered into an agreement to purchase a stand in Norton and a professional assistant with Muchandibaya and Associates Mr Phanuel Mazhande notarised the agreement.
The property was priced at $12 000.
According to the agreement, the purchase price was to be paid in cash by December 31, 2012.
Transfer of the property, according to the agreement, was to be effected by January 31, 2013.
Mr Muchandibaya personally received the $12 000 and the amount was recipted in the trust account for Muchandibaya and Associates.