Terrence Mukupe’s appeal has been dismissed

Details of the Conviction

Mukupe was convicted alongside Same Kapisoriso, Ngonidzaishe Mutsvene, and Joseph Taderera. The four individuals were found guilty of violating Section 174(1)(e) of the Customs and Excise Act. As a result, they are collectively serving a three-year prison term. Their case centred around the illegal diesel smuggling, a scheme that caused substantial financial losses to the state.

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Arguments from the State

Representing the state, prosecutor Witness Mabhaudhi urged the Supreme Court to uphold the conviction. He emphasized that the charges against the appellants were supported by substantial evidence. Mabhaudhi clarified that the main fraud charge was dropped in favour of an alternative charge related to customs violations, which were proven beyond doubt.

“They knowingly violated customs regulations and replaced diesel with water during the transportation process. Their actions were deliberate, as evidenced by their decision to leave Chirundu and return to Harare after drinking, fully aware no legitimate journey was scheduled,” Mabhaudhi stated.

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Defence’s Position

On the other hand, defence lawyer Lewis Uriri argued that the prosecution failed to prove its case conclusively. He maintained that the lower courts had not given due consideration to his clients’ defense.

“A conviction on the alternative charge inherently means that the main charge lacks merit. The evidence provided does not support the allegations against my clients,” Uriri contended.

Unveiling the Smuggling Scheme

The case dates back to January 2017, when Mukupe and his accomplices orchestrated a scheme to smuggle 138,979 liters of diesel into Zimbabwe without paying the requisite duties. The group falsely claimed that the fuel was destined for delivery in the Democratic Republic of Congo (DRC). To execute their plan, they replaced the diesel with water within Zimbabwean borders.

The Zimbabwe Revenue Authority (ZIMRA) uncovered the illicit operation on January 30, 2017, using its electronic cargo tracking system. Officials at the Chirundu Border Post intercepted four tankers, discovering that the cargo had been switched to water, confirming the fraudulent activity.

Financial Impact of the Scheme

The smuggling operation resulted in significant revenue losses for the state. According to the National Prosecuting Authority (NPA), the scheme deprived the government of USD 55,591.60 in duties and taxes. The fraudulent act underscores the importance of stringent border control measures and robust enforcement of customs regulations.