Ginimbi’s exception upheld
BUSINESSSMAN Genius “Ginimbi” Kadungure, pictured, will no longer be jointly charged with his company Piko Trading on tax evasion charges involving over $4 million after a court upheld his exception bid yesterday.
Kadungure appeared before deputy chief magistrate Chrispen Mberewere who noted that the State’s allegations had not established anything that the businessman did in his personal capacity.
Mberewere said it was clear that Kadungure had acted on behalf of the company and not individually before striking him off as the second accused.
“There is no mention of what he did in his personal capacity. You will notice in my ruling that what the court found is that the second accused is mentioned only as representing the first accused (Piko Trading),” Mberewere ruled.
Through his lawyer Brighton Pabwe, Kadungure had argued that the State had failed to establish essential elements of the offence.
He said the State had erred by charging Kadungure in his personal capacity as he was not in the country when the offence was committed.
The matter was remanded to June 9 for trial before the court also postponed to July 28 two of other fraud cases involving undervaluing of car import duty when he purchased a Rolls Royce and Bentley Continental GT from South Africa.
In the tax evasion case Kadungure, representing his company Piko Trading, allegedly made false statements or entry into returns rendered in value added tax (VAT) between February 2009 and March 2016.
He allegedly declared that they received a total of $3 194 329,47 including VAT in sales returns, while they had pocketed $24 187 026, prejudicing Zimra of $2 512 149 in the process.
The court heard between January 2015 and March 2016, Piko Trading allegedly smuggled 5 289kgs of liquefied petroleum gas into the country, causing Zimra to suffer $6 72 533 in potential income.
Piko Trading allegedly failed to pay $355 559 in employees’ tax to the Commissioner of Taxes from February 2009 to April 2016.