Supreme Court reserves judgment in jailed Terrence...

Supreme Court reserves judgment in jailed Terrence Mukupe appeal

Zim Now Writer

The Supreme Court has postponed indefinitely, its judgment in former deputy Finance and Economic Development minister, Terrence Mukupe’s appeal against a High Court decision rejecting his appeal against both conviction and sentence.

Following their collective conviction for violating section 174 (1) (e) of the Customs and Excise Act, Mukupe, along with Same Kapisoriso, Ngonidzaishe Mutsvene, and Joseph Taderera, are serving three-year prison terms since November last year.

Their appeal was dismissed by the High Court earlier this year, forcing the quartet to seek recourse with the Supreme Court, where their appeal was heard by a three-panel bench comprising Justices Hlekani Mwayera, Felistus Chatukuta, and Nicholas Mathonsi.

Representing the state, Witness Mabahudhi, urged the court to reject the quartet’s appeal, arguing that their conviction was grounded in facts related to importation fraud and Customs Act violations.

Defence lawyer, Lewis Uriri, countered, arguing that the state failed to substantiate its case, adding that the lower courts overlooked his clients’ defence.

Mukupe and his associates were convicted of smuggling 138 979 litres of diesel into Zimbabwe in January 2017 with prosecutors demonstrating that they conspired to unlawfully import diesel without paying duty by misrepresenting that it was destined for the Democratic Republic of Congo. However, they replaced the diesel with water in Zimbabwe.

The scheme was uncovered on January 30, 2017, when Zimbabwe Revenue Authority officials intercepted the four tankers at Chirundu Border Post, using electronic cargo tracking systems.

Upon inspection, it was discovered that the tanks contained water instead of diesel, action which the National Prosecuting Authority said resulted in the state losing revenue amounting to US$55 591.60.