BUSINESSMAN and socialite, Genius “Ginimbi” Kadungure was yesterday remanded in custody for ruling after a lengthy bail application.

The complainant is Zimbabwe Revenue Authority (ZIMRA) represented by Lovemore Chigwanda. It is alleged that in 2019, Ginimbi went to LSM Distributors Private Limited, trading as Bentley Johannesburg, situated in Melrose, Jo’burg and bought a Bentley for R3 281 784.

When he arrived at the Beitbridge Border Post Zimbabwean side, Ginimbi is alleged to have connived with his agent Alexander Gumbo and forged the vehicle’s value to read R1 9 000 000.

They then scanned the forged documents before uploading them on the ZIMRA Ascuda System for duty processing on December 22 last year.

ZIMRA Beitbridge then acted upon the misrepresentation to charge duty amounting to US$81 000 instead of US$139 665, leading to an actual prejudice of US$58 665 to ZIMRA for the unpaid duty.

Kadungure appeared before Deputy Chief Magistrate Chrispen Mberewere and was represented by Jonathan Samkange, who argued that Ginimbi’s arrest was in contempt of a High Court order that ordered Ginimbi to pay the outstanding tax and promised to challenge the jurisdiction of the court in trying the matter.

“I accompanied him to the Police Headquarters on February 4 after he had been called by the police and he will challenge the jurisdiction of this court in dealing with the matter, not in terms of territorial jurisdiction as we consented to have the matter tried in Harare not in Beitbridge.

“The issue had been ongoing for over a month which resulted in him taking it to the High Court where he obtained an order, the third paragraph of the order states that the respondent, being ZIMRA, shall not take any steps or initiate any procedure of the forfeiture of the vehicle in question.

“It was also ordered by the High Court that the embargo placed on the vehicle be lifted immediately as he had paid the balance, it was complied with because he was now in possession of the vehicle,” said Samkange.

He further opposed the State’s submissions that the allegations he is facing are serious, were a fallacy.

“He was summoned and went on his own so the allegation that he will abscond isn’t justified in the circumstances, the police are in contempt of court and should appeal against it because what they did is unlawful, and it’s funny that they don’t respect orders by the court but want to come to the court.

“The State indicated that if released on bail, he will interfere with witnesses in South Africa yet the courts have ruled that the State shouldn’t generalise, they should specify the particular people he shouldn’t interfere with at the company where he bought the car,” said Samakange.

In opposing bail, the State represented by George Manokore, led evidence from the investigating officer, Erasmus Mazhawidza, who confirmed that he was aware of the court order when he “arrested” Ginimbi when he handed himself to the police.

Mazhawidza was thoroughly cross examined by Ginimbi’s other lawyer Advocate Sylvester Hashiti, who produced a letter from ZIMRA confirming that they had returned the car, quizzing the investigation officer on what basis he had arrested the controversial businessman.

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