Zimpapers Logo

Leonard Ncube, Victoria Falls Reporter
A BULAWAYO-BASED timber dealer has been jailed 24 months for theft of trust property after he stole teak wood, he had been contracted to deliver by a Russian investor thereby prejudicing him of more than US$8 000.

Zephaniah Ndlovu (50) of 390 in Nketa 6 in Bulawayo was contracted by Mr Felix Ormachea of Mutare and is manager at Mbudzi People’s Market in Harare in 2018 to cut and deliver 400 cubic metres of teak timber in a deal that was supposed to be worth US$8 052.

He was supposed to cut the timber in Kusile Rural District Council Sindombe Timber conservancy in Lupane.

After cutting the timber, Ndlovu however, sold some of it to another client despite having been paid by Mr Ormachea.

Ndlovu pleaded not guilty to theft of trust property when he appeared before Lupane Resident Magistrate Mr Ndumo Masuku claiming the case was a civil matter.

The magistrate found Ndlovu guilty after full trial due to overwhelming evidence and sentenced him to 24 months in jail before suspending three months on condition of good behaviour.

The remaining 21 months are effective. The court also ordered Ndlovu to deliver 200 cubic metres of timber that is at Sindombe to the complainant.

Sentencing Ndlovu, the magistrate said the court has a duty to protect the country’s economy from corruption.

“Theft of trust property is serious offence that entails breach of trust. The accused sold part of the complainant’s timber which he had been paid for. While timber was recovered, the accused could not account for the monies paid to him especially by Shanxi International. This is the same culture which bleeds the economy and the court frowns at that.

The accused prejudiced two investors making Lupane an undesirable investment zone,” said the magistrate.
Prosecuting, Mr Clive Gumbo said: “On the 1st day of December 2018 the complainant contracted Ndlovu to cut 400 cubic metres of teak timber in the Kusile Rural District Council Sindombe Timber conservancy.

During the period extending from December 2018 to September 2019 Ndlovu harvested about 286 cubic metres of timber. The accused then sold 200 cubic metres of timber to Shanxi International based in Kwesemvubu in Sindombe area. He also sold 44 cubic metres to various other people.

The complainant visited Lupane on September 14 last year and discovered that there were only 42 cubic metres of teak timber instead of 286 cubic metres that should have been ready at that time.

The complainant reported the matter to police leading to the accused’s arrest.

Mr Ormachea was prejudiced US$1 700 while the Chinese company which had bought part of the timber lost $31 000 as the timber was returned to the complainant.

Ndlovu, who was represented by Mr Purano Ngulube of Sengweni Legal Practitioners, indicated that he would appeal both conviction and sentence. — @ncubeleon