A FORMER Zimbabwe Revenue Authority (Zimra) officer who was recently jailed for 14 years for smuggling 39 cars into the country through Plumtree Border Post thereby defrauding the revenue collector of more than US$530 000, has been released by the High Court on $10 000 bail pending appeal.
Semkelwe Maphosa committed the crimes between January and July last year by forging Customs Clearance Certificates (CCCs) for different types of vehicles worth millions of dollars.
Maphosa is suspected to be part of a criminal syndicate involving another Zimra official, Norest Ushe (29) who was arrested and has since appeared in court for fraud charges involving more than US$430 000 and $1,4 million.
The case involving Ushe, who is accused of fraudulently clearing 50 cars into the Zimra capturing system without officially charging duty, is still pending before the court.
Maphosa worked as a records clerk at the Zimra registry and was responsible for typing customs clearance certificates. She allegedly forged her superiors’ signatures on the certificates.Maphosa went into hiding before police officers got wind of her whereabouts and arrested her at her hideout.
She was convicted on 39 counts of fraud and acquitted on one count by Plumtree regional magistrate Mr Bishard Chineke who sentenced her to 14 years imprisonment.
For the purposes of sentencing, the counts were grouped into two.
Of the 14 years, five years were suspended for five years on condition that she doesn’t commit a similar offence within that period. A further three years were suspended on condition Maphosa restituted Zimra about $1, 3 million by December 30 this year.
Maphosa was granted $10 000 bail by Bulawayo High Court judge Justice Martin Makonese and ordered to reside at her given address until the matter is finalised.
She was also ordered to report at Plumtree Police Station once a month as part of the bail conditions.The ruling by Justice Makonese follows an application by Maphosa, through her lawyer Mr Zibusiso Ncube of Ncube and Partners, citing the State as a respondent.Justice Makonese said the lower court misdirected itself when it failed to realise that Maphosa did not have to prove her defence. The judge said the appeal carries prospects of success.
“As regards to sentence, while the court a quo has the inherent discretion in matters of sentences, the overall sentence is clearly excessive in all the circumstances.
“While a custodial sentence would be inevitable in the event that the appeal court dismisses the appeal, the appeal itself against sentence is not by any means a hopeless exercise,” said Justice Makonese.
