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Fidelis Munyoro

The Supreme Court has reserved judgment in the case in which former deputy Finance Minister Terrence Mukupe is challenging the High Court’s dismissal of his appeal against conviction and sentence, on a charge of smuggling.

Mukupe was last year jailed an effective three-year jail term and fined US$12 780 by the High Court for smuggling 138 000 litres of diesel without paying duty.

In addition, he was hit with a fine of US$2 780, with risk of serving two more years should he fail to pay.

He appealed against both conviction and sentence before the same court and lost, prompting the latest and final appeal at the Supreme Court, this week.

A three-judge panel led by Justice Nicholas Mathonsi heard the appeal yesterday and reserved judgment to a later date.

Mukupe was last year convicted along with drivers Sam Kapisoriso, Joseph Taderera and Leonard Mudzuto for unlawfully importing diesel without paying duty.

The four were sentenced to three and half years each with six months suspended for five years on condition of good behaviour.

In addition, the court slapped the quartet with a US$12 780 fine each, failure of which they serve another two years’ imprisonment.

The three drivers drove the tankers into Zimbabwe with diesel meant for the DRC, but replaced the fuel with water in Zimbabwe. After conviction, Mukupe and his accomplices lost bail and are in custody pending sentence.

Mukupe and his accomplices were arrested in February 2017 and charged with fraud as defined in the Criminal Law or alternatively contravening Section 174(1) (e) of the Customs and Excise Act with a false declaration.

The court heard that on January 26, 2017, Kapisoriso, Mutsvene and Taderera entered the country through Forbes Border Post, driving tankers with diesel from Beira marked as being enroute to the DRC.

While in Zimbabwe the three truck drivers allegedly connived with Mukupe to empty the diesel and replace it with water.

Upon arrival at Chirundu Border Post on January 31 as they proceeded to the DRC, a physical examination on samples of the contents in the tankers was carried out, which later showed that the tankers contained water and not diesel.