RUTENDO NGARA
HARARE regional magistrate Feresi Chakanyuka yesterday sentenced Tinaapi Nyawo to five years’ imprisonment for defrauding a pharmaceutical company of US$65 000.
Nyawo was convicted following a full trial before magistrate Clever Tsikwa. Chakanyuka delivered the ruling after Tsikwa’s appointment as a Labour Court judge last week.
Chakanyuka handed Nyawo a five-year jail term, suspending two years on the condition that he does not commit a similar offence in the next five years.
The complainant in the case is Pulse Medical Care. The State proved that in 2018, Nyawo, then employed by Pulse Medical Care, was due to receive a new vehicle as per company policy.
However, Nyawo opted for a cash payment, which he received and used to purchase a flat in Eastlea, Harare.
“Later in 2020, Nyawo approached the complainant, stating that he had secured a personal loan from Stanbic Bank to purchase a personal motor vehicle, a Toyota Fortuner,” the State proved.
“He requested the complainant to service his loan since it was in RTGS currency, and his pay was fully payable in US currency. The complainant agreed to service the RTGS loan and have the equivalent deducted from his monthly salary.”
The court further heard that after all approvals, the complainant deposited RTGS115 000. A further deposit of US$18 820 was made by the complainant on the same date directly into a Zimbabwe Revenue Authority (Zimra) account for the vehicle’s duty.
In July 2021, Nyawo, via email, instructed his subordinate, the payroll officer and finance manager, that the vehicle belonged to the company and directed it be placed on comprehensive insurance cover.
As a result of this misrepresentation, the vehicle was placed in the company asset register, preventing deductions from his monthly pay. This also led to Pulse Medical Care paying for the vehicle’s insurance and all service fees.
“Upon his discharge from employment in October 2023, when requested to hand in all company assets, Nyawo declared through a letter to the complainant that the vehicle was not a company asset, but rather his motor vehicle,” the State proved.
“This probed the complainant to institute an investigation leading to the arrest of the accused. As a result of the misrepresentations by Nyawo, the complainant suffered an actual prejudice of US$18 820 being cash deposit for duty paid to Zimra and RTGS 9 585 079.77 equivalent to US$46 244 made towards the purchase price, service, and insurance of the motor vehicle.”
