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Fidelis Munyoro Chief Court Reporter —
Harare businessman Arthur Chikukwa has been jailed for an effective four years after being convicted of fraud and money laun- dering. He swindled a prospective coal miner of over $2,7 million in a botched mining deal.

Chikukwa had denied the charges when the trial began in October this year in the High Court, but Justice Tawanda Chitapi convicted him after a full trial.

He slapped him with 10 years imprisonment, of which two years were suspended for five years on condition of good behaviour.

A further four years were set aside on condition Chikukwa pays restitution of $225 000 to the complainant, Light Glass Enterprise (Pvt) Ltd, through the Registrar of the High Court by no later than December 31 next year.

An order of compensation was also granted to the firm in terms of Section 362 of the Criminal Procedure and Evidence Act in the sum of $54 118,57.

Chikukwa successfully pleaded with the court to allow him time to pay compensation before sentence was announced. Justice Chitapi noted that the direct prejudice suffered by the firm after recovery of his $2 500 000 valued property was $225 000.

This was the figure he considered as the firm’s loss in assessing appropriate sentence.

“Society expects people to deal with each other at arm’s length or with goodwill, trust and honesty,” said Justice Chitapi.

“The accused has fallen from grace in this case. No lengthy sentence will punish him more than his fall from grace.”

Justice Chitapi also tempered the sentence he imposed with a degree of mercy. During trial, Chikukwa’s efforts to convince the court that the matter was civil failed.

Charges against Chikukwa arose sometime in 2014, when he misrepresented to Salim Suleman Desai that he was selling his coal-mining concession in Tuli, Matabeleland South Province, held under Special Grant No. 5341 called Rockrabbit Investments (Pvt) Ltd.

The court heard between July 2014 and December 2015, the parties sealed the deal, culminating in Desai handing over to Chikukwa house number 30 Stonechat Lane, Borrowdale in Harare, a Toyota Prado, a Toyota Lexus and $125 000, with the hope he would fulfil his side of the agree- ment.

When Chikukwa made the said misrepresentations, he knew he had not obtained authority to sell the said special grant to Light Glass.

The court also heard that when Chikukwa made the decision to sell the special grant to Desai, he acted fraudulently by “ceding or assigning any rights without authority from the President of Zimbabwe”.

In respect of the money laundering charge, the court heard that during the same period, Chikukwa received, possessed, concealed and disposed of the two motor vehicles, cash and a residential stand knowing or suspecting that, at the time of receipt of such property, the said money and goods were proceeds of crime.