Fugitive Musoni to lose assets, cash

Fidelis Munyoro-Chief Court Reporter

A former Zimra official at the center of a scam that resulted in duty-free imports of vehicles by people who did not qualify for the civil servants rebate scheme, Tambudzai Yvonne Musoni, and those she assisted, are now set to lose their ill-gotten gains in civil action, with a high-value house, 23 vehicles and nearly US$50 000 cash likely to be forfeited to the State.

Musoni, who is on the run with her husband and so has yet to face criminal charges, was employed as an office administration assistant at Zimra when she allegedly made a fortune facilitating the acquisition of civil servants’ rebate letters by those ineligible for exemption under the civil servants’ motor vehicle scheme.

Musoni resigned from Zimra on April 25 last year, after criminal allegations of corruption around irregular clearance and abuse of import duty exemption in relation to the Government civil servants’ vehicle rebate scheme were raised against her.

Now, the NPA has approached the High Court seeking forfeiture of the Musona family’s high-value house in Mabvazuva, the vehicles and cash which have been identified as tainted property and proceeds of crime to the State.

In a civil case, the NPA only has to show that the assets were probably profits from corruption, rather than proving the corruption beyond reasonable doubt in a criminal case.

The civil-forfeiture application comes after the NPA obtained a High Court order to freeze the property belonging to Musoni and her husband, Melusi, plus US$28 625 held in the bank accounts of Watershed College and US$18 940 in those of Lusitania Primary School, money assigned to school fees for their two children.

This meant that the Musoni couple cannot sell or transfer the family house at the exclusive Mabvazuva Estate on the outskirts of Harare, while US$47,500 in school fees deposited into the bank accounts of Watershed College and Lusitania Primary School was frozen pending this latest State application for a civil forfeiture order against all its assets.

The State has identified 23 vehicles from those that benefited from the corrupt scheme, and it now wants those forfeited to the State too.

According to the court papers, Zimra lost over US$50 000 and more than ZW$7.5 million in unpaid duty.

The Prosecutor General Justice Loice Matanda-Moyo has since received a docket from Zimbabwe Anti-Corruption Commission, in respect of criminal activities around import of motor vehicles by Musoni and 23 other people cited in the court action, using the civil servants’ vehicle import duty exemption scheme when they did not qualify.

The scheme was introduced by the Government as a policy measure to allow civil servants to import motor vehicles without paying import duty.

“At the heart of this application is a grand scheme by the respondents to criminally abuse

an otherwise genuine and well-meaning Government policy meant to benefit civil servants

who qualified for tax exemption of motor vehicles imported by them, save for those respondents cited in their official capacities who are innocent as regards the stinging criminal allegations,” said Justice Matanda-Moyo in her civil-forfeiture application filed at the High Court on Tuesday .

She stated that the conduct around falsification of paperwork in the importation of each vehicle prejudiced the State of specified amounts for a combined over US$50,000.

Justice Matanda-Moyo also attached affidavits of each investigating officer from ZACC, Zimra employees and the supporting affidavits of relevant witnesses to each irregular importation of each particular vehicle detailing the investigations carried out by them.

The private schools are cited as they at present hold the cash, although as frozen school fee advances.

“First respondent (Tambudzayi Yvonne Musoni) ended up deriving a benefit by taking bribes from her accomplices which generated the property now subject of a property freezing order by the High Court,” said Justice Matanda-Moyo.

“The property specified above was acquired by the respondent through unlawful activity, knowing, believing or suspecting that it is proceeds of crime.”

Further, Justice Matanda-Moyo stated that each vehicle unlawfully imported had its own separate investigation hence references by the individual investigators and witnesses to particular respondents.

However, for the convenience of the court and efficacy of disposal of this matter, Justice Matanda-Moyo said, her application addressed each respondent separately taking into account the attached supporting affidavits and documents.

“Thus, each respondent is called upon to answer or respond to particular facts concerning each individual motor vehicle,” she said.

“As for the first respondent, (Tambudzayi Yvonne Musoni) she was mentioned in several matters as she is the common denominator in all these cases, thus her properties are not only tainted by irregularity regarding importation of vehicles but a strong compelling conclusion that she derived a financial benefit which gave proceeds of crime as sought to be forfeited in terms of the draft order.”

In 2019, the Government introduced a motor vehicle rebate scheme in which civil servants who have served for 10 years and above could import vehicles without paying import duty. Musoni connived with non-civil servants to generate fake rebate letters to enable them to import vehicles into the country without paying duty.

In July, the Prosecutor-General, through Asset Management Unit director Mr Chris Mutangadura, was granted the application for a property freezing order against the Musoni couple.

The order specifically stopped the couple from disposing of the house or getting the schools fees back, and prevented the schools from passing the school fees back or to anyone else. A freezing order is an interim injunction prohibiting a potential defendant in criminal or civil litigation proceedings from dissipating assets.

Typically, such an injunction is sought to preserve a defendant’s assets until a judgment can be obtained.

To make a successful application for a freezing order, one has to show that there was an underlying cause of action, for example, a fraud committed, and that there is a real risk of dissipation of the assets.

When an application is made for a freezing order it is done on an ex-parte basis. This means that the application is made to the court even if the defendant cannot be found to prepare a defense.

The court heard that Zimra loss control officer Mr Justice Nyagura established through investigation that from January 2022 to March 2023, Yvonne Musoni appeared to have confirmed fake rebate letters, which were tendered at Beitbridge, Plumtree, Chirundu and Kariba Border Posts by current and purported civil servants.

Searches at Exodus and Company revealed that Musoni, together with her husband Melusi, acquired stand number 32039 of Mabvazuva Township, measuring 600 square meters from the company on March 23, 2018. The property was acquired for US$30,208.

The stand is now fully developed and surrounded with a precast wall and the value is estimated at US$150,000.

However, Exodus and Company, through Mr Oscar Saratoga, produced another agreement of sale signed on April 13, 2023, stating that the property is now owned by The Tamel Family Trust, but members on the deed of trust remained the same.

The agreement of sale to the family trust was registered well after the investigation had begun and was a ruse to hide the asset.

Investigations also established that Musoni made an advance deposit of over US$36,000 to Watershed College’s account, which was not supported by any invoice towards her son’s school fees. The funds were deposited into Watershed College CABS Head Office account.

It was also established that she made a cash deposit of US$9 000 into Watershed CABS account on September 29, 2022. She later made another deposit of US$6 000 on October 26, 2022, and then made the final deposit of US$20 000 on February 14 last year, to make it a total of US$36,000. The college has since invoiced for two terms and the remaining credit balance is US$28,625.

Further investigations revealed that Musoni also paid US$18,000 in advance, receiving school fees for her other son at Lusitania Primary School. The funds were deposited as a cash deposit into Lusitania Primary School Standard Chartered Bank Account.