TWO Bulawayo company directors are expected to appear in court tomorrow facing charges of stealing mining equipment valued at US$1,808,829 belonging to businessman Delma Lupepe.
The complainant, Lupepe, represents his company Ilasha Private Limited, which specialises in mining.
The State alleges that in 2017, the complainant applied for a loan of US$1,808,829 from Fidelity Printers and Refiners (Pvt) Ltd to purchase various items of mining equipment.
Following company policy, Fidelity Printers was to disburse the loan directly to the supplier chosen by the applicant—in this case, the accused.
In September 2017, the complainant identified Yatakala Trading (Pvt) Ltd, trading as Viking Hardware in Bulawayo, and the accused persons Shlomo Josef Lepar and Joshua Reuvayn Lepar, agreed to supply the mining equipment and consumables for the stated amount.
The complainant invoices to Fidelity Printers and Refiners, which then deposited US$1,808,829 into Yatakala Trading’s Barclays Bank FCA Corporate Account (number 23265570100) as payment.
According to the state, the accused began the procurement process.
On November 9, 2017, they advised the complainant that all ordered equipment was ready for collection.
- Senior cops jailed over smuggling
- Senior cops jailed over smuggling
- ED challenger court documents ‘disappear’
- Midlands records decline in stocktheft
Keep Reading
At that point, a legal dispute arose between the parties regarding the validity of the sales 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 7 February 2018, the state alleged the accused prevented the complainant from collecting the equipment by demanding exorbitant storage fees.
On December 4, 2018, the accused instituted interpleader proceedings against the complainant and Fidelity Printers and Refiners, stating that Yatakala Trading, though in possession of the equipment, had no interest in it.
They sought a court determination on whether the complainant or Fidelity was the rightful owner.
The accused later withdrew these proceedings.
As part of an alleged scheme to permanently deprive the complainant of the equipment, the accused cancelled the sales contract via a letter dated October 31, 2019 sent to the complainant’s lawyers, Mashayamombe and Company Attorneys.
On November 5, 2020, the accused unilaterally transferred ZWL$1,808,829 (the Zimbabwean dollar equivalent of the original purchase price) into the trust account of the complainant’s lawyers at CBZ Bank, without the consent of either the complainant or the legal firm.
The accused then disposed of the mining equipment and consumables, valued at US$1,808,829, without a court order and while a related High Court case (HC 1958/20) was still pending.
