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Mashudu Netsianda, Senior Court Reporter

A ZIMBABWE Revenue Authority (Zimra) officer in Beitbridge allegedly ganged up with a customs clearing agent and swindled a Harare businessman of US$15 000 after fraudulently clearing his imported car using a fake bill of entry.

Allan Talent Simbarashe (32) of Acacia Drive, who is a Zimra officer in the border town allegedly connived with a local clearing agent Emmanuel Mazambani and faked documents to facilitate the  clearance of the complainant’s Toyota Fortuner valued at R500 000. Simbarashe is now facing fraud charges and he was remanded to Friday by a Beitbridge magistrate.

This emerged when Simbarashe approached the Bulawayo High Court seeking bail pending trial.

Simbarashe, through his lawyers Masawi and Partners filed his application challenging the refusal by the lower court to grant him bail, citing the State as a respondent.

Justice Thompson Mabhikwa released Simbarashe on $15 000 bail and ordered him to surrender his passport as well as report twice a week at Beitbridge’s ZRP Criminal Investigations Department (CID) section.

He was also ordered to continue residing at his given address and not interfere with State witnesses as part of the bail conditions.

In his bail application, Simbarashe said the magistrate grossly erred and misdirected herself when she denied him bail without compelling reasons.

“What is shocking is that the magistrate merely denied me bail pending trial without any compelling reasons as is required by the constitution as well as in terms of section 117 of the Criminal Procedure and Evidence Act. What is also surprising is the fact that my co-accused is out on bail,” he said.

Simbarashe said there were no good grounds warranting denying him bail, arguing that the State case is weak.

“I don’t even know the details of the alleged vehicle and the date of occurrence of the alleged offence to determine whether or not I was on duty on that particular day and time,” he argued. 

He further challenged the lower court’s assertion that he was a flight risk.

“There was no allegation whatsoever or establishment made showing that if released on bail, I will endanger public safety or fail to stand trial. Specifically, there is no allegation of my past conduct showing that indeed I might escape the border even after surrendering my passport due to the porous border post,” said Simbarashe.

The State, which was represented by Mr Bruce Maphosa did not oppose the application.

According to court papers, sometime in May last year, the complainant, who is a director of Felicity Solar Zimbabwe, bought his Toyota Fortuner from South Africa for R500 000 and upon arrival at Beitbridge Border Post, he engaged the services of Mazambani to clear the car. Mazambani demanded US$15 000 as customs duty and clearing fee.- @mashnets.