TWO Bulawayo-based company directors are expected to appear in court today facing a charge of theft of mining equipment worth
US$1 808 829, allegedly belonging to businessman Delma Lupepe.
Lupepe is representing Ilasha (Pvt) Ltd, a company involved in mining.
According to the State, in 2017 Lupepe applied for a US$1 808 829 loan from Fidelity Printers and Refiners (Pvt) Ltd to purchase mining equipment and consumables.
In line with Fidelity’s policy, the loan was to be disbursed directly to a supplier selected by the applicant.
Lupepe allegedly identified Yatakala Trading (Pvt) Ltd, trading as Viking Hardware in Bulawayo, represented by Shlomo Josef Lepar and Joshua Reuvayn Lepar, as the supplier.
The State alleges that Fidelity deposited US$1 808 829 in Yatakala Trading’s account after Lupepe submitted an invoice.
The accused allegedly began the procurement process and, on November 9, 2017, advised Lupepe that the equipment was ready for collection.
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However, a dispute arose between the parties over the validity of the sale contract.
The accused later provided the complainant with a collection schedule for the equipment, accompanied by a letter dated February 5, 2018, explaining the details.
However, from February 7, 2018, the State alleges that the accused prevented the complainant from collecting the equipment
by demanding exorbitant storage fees.
On December 4, 2018, the accused instituted interpleader proceedings against Lupepe and Fidelity Printers and Refiners, stating that although Yatakala Trading was in possession of the equipment, it had no ownership interest in it. It sought a court ruling on whether Lupepe or Fidelity was the rightful owner.
The proceedings were later withdrawn.
The State further alleges that, as part of a scheme to permanently deprive Lupepe of the equipment, the accused cancelled the sale contract through a letter dated October 31, 2019, addressed to Lupepe’s lawyers, Mashayamombe and Company Attorneys.
On November 5, 2020, the accused allegedly unilaterally transferred ZWL$1 808 829, said to be the Zimbabwe dollar equivalent of the purchase price, to the trust account of Lupepe’s lawyers at CBZ Bank, without the consent of either Lupepe or the law firm.
The accused is further alleged to have disposed of the mining equipment and consumables, valued at US$1 808 829, without a court order and while a related High
Court matter (HC 1958/20) was pending.
