Sisters of the late socialite, Genius “Ginimbi” Kadungure, have approached the Harare Magistrates’ Courts seeking the release of the deceased’s top-of-the-range vehicles.
Juliet and Neria Kadungure are seeking the release of the late entrepreneur’s Bentley and Rolls Royce.
The first applicant, in her founding affidavit, Juliet told the court that the two sisters were the surviving siblings of the late socialite, who appeared before the same court, facing two charges of fraud.
She told the court the two sisters were appointed executors to Ginimbi’s estate by the Master of the High Court on March 1, this year.
Kadungure claims the criminal proceedings related to the two vehicles had to be discontinued and abandoned on account of the demise of Ginimbi.
The sisters claimed that all of Ginimbi’s assets now belonged to the estate and, as the duly appointed executors, “they are in the shoes of the deceased as far as the pursuit of release of the cars in question is concerned.”
They told the court they wrote to the officer in charge of the CID, where the vehicles are kept, requesting that they be released to them, but never got a response.
The State opposed the application by the Kadungure sisters on the basis that the two vehicles were never tendered to the court.
The State added that it considered the two vehicles as proceeds of crime and it was working on obtaining the forfeiture of the vehicles, in terms of the money laundering Act.
Releasing the vehicles to Ginimbi’s estate, the State said, would result in frustrating the process of obtaining the forfeiture orders.
“The executors of the accused person’s deceased estate have not exhausted all the avenues available to them for the release of the motor vehicles from the Zimbabwe Republic Police.
“There is no evidence of any attempt to engage the relevant DISPOL or PROPOL.
“There is also no evidence of any attempt to engage the Commissioner-General of the Zimbabwe Republic Police.
“It is, therefore, submitted that the application has been prematurely placed before the court” reads the State’s response.
In the first count, the State was alleging that Ginimbi bought a Rolls Royce Ghost for R5 million and later came up with a receipt from the dealer meant to deceive Zimra.
The receipt claimed he had bought the car for R3 million.
Acting on the misrepresentation, Zimra then charged duty totalling to US$ 138 170 instead of US$228 430.
In the second count, the State was alleging Ginimbi bought a Bentley for R3 291 784 and came up with a receipt to read R1 900 000 and was charged US$81000 duty instead of US$139 665.