The Vanderbijlpark Magistrate’s Court has dismissed a request by the Zimbabwean government to extradite a man accused of defrauding First Lady Grace Mugabe of R7-million, the Sowetan newspaper reported on Tuesday.
Magistrate Pieter du Plessis found on Monday that while a contract had been entered into by Mugabe and long-time business associate Ping Sung Hseih, the intent to defraud was “sadly missing”.
The court heard that Mugabe arranged the transfer of about R7-million from the Reserve Bank of Zimbabwe into Hseih’s business account.
The transfer was to facilitate the acquisition of six haulage trucks and trailers in 2008. The trucks were allegedly meant to be delivered to Grace Mugabe’s Gushungo dairy farm.
But the deal went sour after Hseih allegedly reneged on the agreement and made a getaway with the money. Zimbabwean prosecutors also alleged Hseih failed to deliver the trucks on time.
Following the debacle, Zimbabwean officials, allegedly acting on instructions from the Grace Mugabe, filed an extradition request to Justice and Constitutional Development Minister Jeff Radebe last September.
But the Zimbabwean government would have found it hard to obtain such an extradition order because Zimbabwe and South Africa are not party to an extradition agreement, nor do the two countries have a mutual legal assistance agreement.
Giving reasons why his client should not be surrendered to Zimbabwean authorities, Advocate Mannie Witz argued that the money was transferred to Hseih’s company account and not to him personally, as court papers had stated.
Witz also denounced Zimbabwe’s justice system, citing the example of the four drivers who delivered the trucks being placed under house arrest soon after a high court granted them bail.
He also criticised the Hawks, along with Zimbabwean police, for unilaterally arresting Hseih and then abandoning the case to Interpol.
Counsel for the State, Elbie Leonard, gave two reasons why Hseih should be extradited.
“There is proof that he has been accused of an offence in Zimbabwe. This is not a military offence but one that falls under the ordinary criminal offences act,” said Leonard.
Leonard said the transfer of money into a company linked to Hseih was “prima facie evidence”. – Sapa