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Harare High Court

THE STATE v SIMON MUDZINGWA TARANHIKE, SHADRECK MATENGABADZA, STEPHEN MATUTE, GIVEMORE TENDAI KUFA, and PRECIOUS MUROVE

HH 222-18

Case Details

Court
Harare High Court
Date
24 April 2018
Citation
HH 222-18
Neutral Citation
[2018] ZWHH 222
Outcome
unknown
Case Type
Trial

Bench

Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Criminal LawAdministrative Law
Keywords
Public officerAbuse of officeForeign currencyZINARAInfralink
Tags
Criminal abuse of dutyPublic officerForeign currencyZINARA
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Exchange Control Act
  • Criminal Procedure and Evidence Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the accused persons were acting as public officers in their dealings on behalf of Infralink.","issue_type":"law","dispositive":"yes","related_facts":"The accused were ZINARA employees but transacted for Infralink, a private company with overlapping ZINARA management."}
  • {"issue_text":"Whether the accused persons abused their office by acting inconsistently with their duties to show favour to the third-party companies.","issue_type":"law/mixed","dispositive":"yes","related_facts":"The accused engaged companies to source foreign currency without formal Board authorisation."}
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background
Facts of the Case

Background

The five accused, senior officers at ZINARA, were charged with criminal abuse of duty for engaging third-party companies to source foreign currency to service a loan owed by Infralink to the Development Bank of Southern Africa. The State alleged they acted without Board authority to show favour to the companies, while the defence claimed they were acting on behalf of Infralink with the knowledge of their superiors to avert a financial crisis.
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