By A Correspondent- The High Court has suspended the hearing of a case in which former Premier Service Medical Aid Society (PSMAS) group chief executive officer, Cuthbert Dube, is accused of swindling the company of millions of dollars due to his ill health
Dube is critically ill and unable to stand trial, according to a judgement by Justice Joseph Mafusire.
His trial, which has been hanging before the courts since 2017, was supposed to proceed last month.
His lawyer says he is due to travel to India for treatment next month.
“Whereupon after reading documents filed of record and hearing of counsel it is ordered that Dube said to be seriously ill and unforto stand tri. The matter be and hereby removed from the roll,” the judge said.
Dube is accused of defrauding the medical aid company of US$23 million.
The allegations arose during his time at PSMAS between 2009 and 2014.
PSMAS approached the High Court claiming US$23 153 140 which Dube allegedly used enriched himself through payment of unlawful salaries, allowances and other benefits.
The medical aid society feels the money remains due and payable.
Allegations are that during the said period, Dube would award himself unapproved salaries, allowances, bonuses and increments which were outside his contract limits.
“From the period between January 2009 to December 2013, Dube unlawfully increased his salaries, allowances and bonuses and was unjustly enriched in the amount of US$21 868 796,” PSMAS said in court papers.
“The Zimbabwe Revenue Authority on March 4th, 2014 completed a Tax Review Investigation of PSMAS for the period running January 2009 to December 2013 which revealed that PSMAS was not including various allowances on the pay roll for income tax assessment, Dube had been wrongfully paid money that was not due to him.”
“As a result of such wrongful payment, among other anomalies, Dube owed ZIMRA a total of US$40 611 916 inclusive of penalties and interest,” the papers read.
“However, sometime in 2015, PSMAS then paid the due income tax arrears to ZIMRA for a problem that was allegedly created by Dube. In terms of Clause 12 (1) of the Thirteenth Schedule to the Income Tax Act (chapter 23:06), PSMAS is entitled to recover the amount from Dube as being income tax not withheld from his income at the relevant time,” said PSMAS.
Broken down, PSMAS says from January 2009 to December 2013, Dube unlawfully caused himself to be paid remuneration which totals US$23 153 840 which included salary, house purchase and maintenance, board attendance fees, board retainers fees, board critical allowance, long service awards, GCEO staff pay roll costs, unlimited medical benefits, special allowance, back pay, quarterly benefits, travel subsistence, Zambia Salary, fuel allowance, holiday allowance, clothing allowance, grocery allowance etc DSTV allowance.