HARARE, Mar. 3 (NewsDay Live) – The Supreme Court has upheld the 18-year prison sentences imposed on two former Delatfin Civil Engineering employees who fraudulently sold residential stands worth US$3 million belonging to their employer.
The court also ordered that the disputed stands be returned to the Delatfin Civil Engineering registry, restoring ownership of the land to the company.
Jacob Muyambo and Saymonds Mutakura were originally sentenced to 20 years in prison by Harare magistrate Stanford Mambanje, who suspended two years on condition of good behaviour.
The two were convicted alongside Amos Kagona, who fatally shot himself on the day he was due to be sentenced.
Muyambo and Mutakura unsuccessfully appealed both conviction and sentence at the High Court before Justices Happius Zhou and Neville Wamambo, who ruled that the trial magistrate had acted within the law in imposing the 20-year sentence. The High Court also confirmed the order directing that the stands be reverted to Delatfin’s registry.
In their ruling, the High Court judges described the State’s evidence as “credible and reliable,” noting that the value of the stolen property exceeded US$3 million, as established by an auditor who testified in court.
While acknowledging that the convicts were first offenders, the judges said a lenient sentence would send the wrong message.
“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.”
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The judges found that aggravating factors outweighed mitigating circumstances, warranting only a slight reduction in sentence.
The matter was then taken to the Supreme Court, where Justices Mavangira, Lovemore Makoni and Hlekani Mwayera dismissed the appeal.
“Upon reading the documents filed of record and hearing counsel, it is ordered that the appeal be and is hereby dismissed,” the Supreme Court ruled.
The judgment brings to an end a protracted legal battle that had stalled development plans by Delatfin. The ruling also affects individuals who purchased the illegally sold stands, as ownership has now reverted to the company.
During sentencing, Magistrate Mambanje said the accused had “bitten the hands that fed them” by stealing from their employer.
The court heard that after unlawfully selling the stands, the accused prepared fraudulent agreements of sale to conceal the transactions. Muyambo, in his capacity as finance manager, would approve the bogus sales, after which the trio shared the proceeds. They were aware that the stands were earmarked for disposal at a later stage and believed their employer would not immediately detect the fraud.
The accused were represented by Admire Rubaya.
