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Mashudu Netsianda Senior Court Reporter
TWO brothers who were in 2014 acquitted of allegedly defrauding nine people of more than $5,000 were yesterday back in court facing fresh fraud charges involving $50,000.

Paul, 30, and Tafadzwa, Munakopa, 32, both of Matsheumhlope suburb appeared before Bulawayo magistrate Gladmore Mushove on fresh charges of allegedly swindling a Bulawayo businessman in a botched business partnership deal.

They were remanded out of custody to February 19 on $300 bail each.

The two siblings allegedly defrauded Bothwell Chenjerai Nhire of $49,462 after they tricked him into injecting capital into a company they jointly owned with him.

Prosecuting, Caroline Matanga said on May 13 last year, Paul and Tafadzwa approached Nhire and lured him into a business partnership. The two had reportedly secured a business contract from Mimosa Mine to supply bulky bags from South Africa.

“The two brothers didn’t have capital to inject into the company to secure the consignment from South Africa. They convinced the complainant to enter into a joint venture on the understanding that the three of them were going to be directors and signatories to the company’s account,” said Matanga.

The company was then registered under the name Percocet Investment and an Ecobank bank account was subsequently opened for the new firm.

The court heard that during the same month, Nhire injected $49,462 into Percocet Investment for the procurement of the bags and they were delivered to Mimosa Mines.

“In the following month Paul and Tafadzwa connived and secretly registered another company under the name Intsa Sales and they opened another account with FBC Bank. They then instructed Mimosa to deposit the money for the service rendered into that account without Nhire’s knowledge,” said Matanga.

The two brothers appointed their young brother, Darlington, to be company secretary for Intsa Sales.

When Mimosa deposited the money into the Intsa Sales’ bank account, Paul and Tafadzwa did not inform Nhire.

Nhire became suspicious when Mimosa Mines supposedly delayed to deposit the money for the supplied consignment. On investigating, he discovered the fraud and reported the matter to the police, leading to the two brothers’ arrest.

Nhire has, however, made a court application for Mushove to recuse herself as the trial magistrate.

In the papers before the court, Mhire alleges that Mushove has not been impartial in the manner she has been handling the matter. “I’m of the view that Mushove should recuse herself from handling the matter because she’s the same magistrate that acquitted Paul and Tafadzwa in another fraud case. I’m convinced that she is an interested party and if she continues presiding over this matter, the accused persons will certainly be acquitted,” said Nhire.

He said the case should be presided over by a different magistrate.

“I pray that the matter be set down before another magistrate who has no history with the accused persons,” said Mhire.

Mushove ruled that she would take the matter to the High Court for determination on her recusal.

In February 2014, Paul and Tafadzwa together with their mother, Erica Siziwe Munakopa, were acquitted by Mushove on similar charges. They were accused of defrauding nine people of more than $5,000 on separate incidents in a deal to deliver stockfeed.