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RED CROSS Secretary General Maxwell Phiri Nabbed

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By ZACC John Makamure, Spokesman

Subject: RED CROSS Secretary General Maxwell Phiri Nabbed

COUNT 1

1. During the year 2015, authority was granted by the Governing Board of the Society to dispose 10 Society vehicles through restrictive tender whereby first preference to purchase was given to members of the National Governing Council of the Society.

 

2. The accused person, Maxwell Phiri (54) connived with Edson Mlambo, the President of the Governing Board of the Society who has since appeared before the Court to defraud the Society of its Toyota Prado, registration number ADM 9991 valued at USD$8 000-00. The vehicle was amongst the vehicles which were to be disposed of. The plan was that the accused would participate in the bidding process for the vehicle but would not pay for it.

 

3. Edson Mlambo misrepresented to the Society that he intended to purchase the vehicle by participating in the bidding process of the vehicle. He offered to purchase the vehicle for US$8 000-00. He became the highest bidder and as such, was given the opportunity to purchase it.

 

4. Pursuant to their plan, the accused person instructed Geshum Hombarume who was by that time attached to the Human Resources and Administration Department, to prepare a Vehicle Sale Contract between the Society and Edson Mlambo for the vehicle in issue. The accused signed the Vehicle Sale Contract representing the Society as the seller, and Edson Mlambo signed it as the purchaser.

 

5. The accused person misrepresented to the Society by instructing the then Director Human Resources and Administration, Elias Hwenga, to hand over the vehicle to Edson Mlambo as if he had paid for it. That was contrary to Clause 3 of the Vehicle Sale Contract which stipulates that physical possession of the vehicle by the purchaser has to be done following receipt by the Society of full payment of the purchase price.

 

6. As planned, Edson Mlambo took possession of the vehicle and went on to effect change of ownership into his name.

7. The accused persons actions caused the Society to suffer a prejudice of US$ 8 000-00. Nothing was recovered.

COUNT 2

8. During the year 2015, authority was granted by the Governing Board of the Society to dispose 10 Society vehicles through restrictive tender whereby first preference to purchase the vehicles were given to members of the National Governing Council of the Society.

9. Accused person connived with Vutete Mazorodze Hapanyengwe, the Chairperson of the Societys Midlands Province who has since appeared before the court to defraud the Society of its Nissan Hardbody, registration number ABD 2543 valued at USD$4 500-00. The vehicle was amongst the vehicles which were being disposed of. Their plan was that Vutete Mazorodze Hapanyengwe would participate in the bidding process for the vehicle but would not pay for it.

10. Vutete Mazorodze Hapanyengwe then misrepresented to the Society that he intended to purchase the vehicle by participating in the bidding process of the vehicle. He offered to purchase the vehicle for US$4 500-00. He became the highest bidder and as such, was given the opportunity to purchase it.

11. Pursuant to their plan, the accused person instructed the then Human Resources and Administration Department Director, Elias Hwenga, to prepare a Vehicle Sale Contract between the Society and Vutete Mazorodze Hapanyengwe for the vehicle in issue. Accused person signed the Vehicle Sale Contract representing the Society as the seller, and Vutete Mazorodze Hapanyengwe signed it as the purchaser.

12. Accused person went on to misrepresent to the Society by instructing the then Director Human Resources and Administration Elias Hwenga to hand over the vehicle to Vutete Mazorodze Hapanyengwe as if he had paid for it. That was contrary to Clause 3 of the Vehicle Sale Contract which stipulates that physical possession of the vehicle by the purchaser has to be done following receipt by the Society of full payment of the purchase price.

13. As planned, Vutete Mazorodze Hapanyengwe took possession of the vehicle on 31st July 2015 after which he went on to change ownership of the vehicle into his name.

14. The accused persons actions caused the Society to suffer a prejudice of US$ 4 500-00. Nothing was recovered.

COUNT 3

15. In May 2018, the Governing Board of the Zimbabwe Red Cross Society granted authority to dispose 36 Society vehicles through Public Auction.

16. The accused person again connived with Edson Mlambo, the President of the Societys Governing Board who has since appeared before the Court to defraud the Zimbabwe Red Cross Society of its Mitsubishi Canter, registration number ABI 6104 valued at US$7 000-00. The vehicle was amongst the vehicles to be disposed of. The plan was that the accused would bid for the vehicle and the accused would facilitate for the vehicle to be handed over to accused without any payment.

 

17. Edson Mlambo then misrepresented to the Society that he intended to purchase the vehicle by participating in the bidding process of the vehicle, offering to purchase it for US$7 000-00. He became the highest bidder and as such, was given the opportunity to purchase it.

 

18. Pursuant to their plan, the accused person instructed the then Human Resources and Administration Department Director Elias Hwenga to prepare a Vehicle Sale Contract between the Society and Edson Mlambo for the vehicle in issue. The accused signed the Vehicle Sale Contract representing the Society as the seller, and Edson Mlambo signed it as the purchaser.

 

19. The accused person misrepresented to the Society by instructing the Director Human Resources and Administration Elias Hwenga to hand over the vehicle to Edson Mlambo as if he had paid for the vehicle. That was contrary to Clause 3 of the Vehicle Sale Contract which stipulates that physical possession of the vehicle by the purchaser has to be done following receipt by the Society of full payment of the purchase price.

20. Edson Mlambo took possession of the vehicle and went on to effect change of ownership into his name.

21. The accused persons actions caused Zimbabwe Red Cross Society to suffer a prejudice of US$ 7 000-00. Nothing was recovered

22. On the 14th day of June 2021, the accused person was arrested and appeared at the Harare Magistrates Court on 15/06/21 before Magistrate Mr Mambanje who remanded him to 15 July 2021. He was also ordered to pay RTGS $10 000-00 bail coupled with the following conditions

23. To reside at the given address.
24. Not to interfere with State witnesses
25. To report at Marondera Police Station station once per week
26. To surrender passport to the Clerk of Court.

Ms Mushayabasa appeared for the State and the accused person was represented by Admire Rubaya of Rubaya and Chatambudza Legal Practitioners.

 

Robert Tapfumaneyi

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