Mukupe Supreme Court Appeal
9 March 2024
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By Festus Kwangwama | In a significant development in the legal realm, the Supreme Court has concluded its hearings on the final appeal by Terrence Mukupe, a former Deputy Finance Minister, regarding his conviction, sentence, and fine related to a major smuggling operation. Mukupe, who faced charges alongside three drivers, was implicated in the unlawful importation of 138,000 liters of diesel into Zimbabwe, evading the requisite duty payments. This case has drawn considerable attention due to the scale of the smuggling operation and the involvement of high-profile individuals.

Justice Nicholas Mathonsi, leading a three-judge panel, presided over the appeal, indicating the gravity of the case at the highest level of the judicial system. Despite the appeal, Mukupe’s conviction and sentence had previously been upheld by the High Court, showcasing the judiciary’s firm stance on customs and excise law violations.

The narrative of the crime reveals a sophisticated scheme aimed at defrauding the state of due revenues. Mukupe, along with drivers Sam Kapisoriso, Joseph Taderera, and Leonard Mudzuto, was convicted for orchestrating a plan to import diesel under the guise of transit fuel destined for the Democratic Republic of Congo. However, the plot involved replacing the diesel with water within Zimbabwe’s borders, an act of deception aimed at evading customs duties.

The legal proceedings detailed the methodical approach taken by the accused, entering Zimbabwe through the Forbes Border Post with the diesel claimed to be en route to the DRC. The subsequent discovery at the Chirundu Border Post, where the supposed diesel was revealed to be water, was a pivotal moment, leading to the unraveling of the smuggling operation.

The penalties imposed reflect the seriousness with which the Zimbabwean judiciary treats such offenses. Each of the accused was sentenced to three and a half years in prison, with a portion suspended conditional upon future good behavior. Additionally, a significant fine of US$12,780 was levied against each individual, underscoring the financial implications of their actions.

This case not only highlights the challenges faced by authorities in curbing smuggling and customs evasion but also serves as a cautionary tale about the consequences of engaging in such illegal activities, especially for those in positions of power. The Supreme Court’s reserved judgment in Mukupe’s appeal is eagerly awaited, with implications for the legal and regulatory framework governing customs and excise in Zimbabwe.