Harare – A Harare couple, Gray Mudiwa (44) and his wife Annavester Mudiwa (39), owners of Gray Homes construction company, are facing a growing mountain of fraud charges, with seven new cases added to their already substantial legal woes.
The couple, who were initially arrested for allegedly defrauding Vice-President Constantino Chiwenga’s wife, Miniyothabo Baloyi-Chiwenga, of nearly US$1 million in a botched construction deal, now face accusations of defrauding seven other individuals and businesses of over US$472,000.
The Mudiwas were initially accused of taking significant payments from Baloyi-Chiwenga for the construction of a home, warehouse, and shopping mall in Filabusi, but allegedly abandoned the project midway. Their alleged modus operandi, according to the state, involved taking substantial upfront payments for construction projects, only to abandon them after securing the funds.
On Tuesday, the couple appeared before Harare magistrate Marehwanazvo Gofa, facing these seven additional fraud charges. Their bail hearing was postponed to September 12, after the court ordered the consolidation of all their cases. They are being represented by lawyer Lovemore Madhuku, who plans to apply for bail through written submissions.
The couple’s attempt to secure bail was unsuccessful on Friday, with regional magistrate Donald Ndirowei ruling that they were not suitable candidates due to their flight risk. The magistrate cited their arrest at the Beitbridge border post, attempting to flee to South Africa, as evidence of their intention to evade justice.
The couple claimed they were on their way to attend a mining summit in Johannesburg, but the court found their explanation unconvincing, stating that no evidence was presented to support their claim.
“It wouldn’t be just to grant bail upon indications that they will abscond, they were arrested at the border post en-route to South Africa. No evidence has been placed before this court to prove that they intended to attend a mining expo in South Africa and in the absence of such evidence, the court has no choice but to agree with the State.
“There’s a likelihood of interference and it wouldn’t be in the interests of justice to release them, this court is convinced that they are a flight risk and are likely to interfere with witnesses and their bail application is hereby dismissed,” said magistrate Ndirowei.
The couple was remanded in custody until September 23.
The new charges against the Mudiwas paint a picture of a systematic pattern of alleged fraud. The details of these new cases highlight the couple’s alleged methods of deception:
- Case 1: Annavester Mudiwa, allegedly misrepresented to Creative Itel Private Limited that she needed phones for government officials, ordering 15 Itel 2160 phones, 480 Itel 5606 phones, 84 Itel A04 phones, 80 Itel A18 phones, 42 Itel P40 phones, eight Samsung A03 core phones, and eight Samsung A04 phones, all valued at over US$14,000. She promised to pay within 21 days, but failed to do so.
- Case 2: Annavester Mudiwa allegedly duped Overexport Southern Africa Private Limited into believing she could pay for hardware goods within 30 days. The company dispatched goods worth US$79,000, but Mudiwa only paid US$39,860 before becoming evasive.
- Case 3: Annavester Mudiwa allegedly misrepresented herself as running a viable hardware shop with quick turnover to Osborn Tinokura Kudyanyemba of Collare Investments. Kudyanyemba provided her with electric switches, sockets, display units, lights, and water dispensers valued at US$31,723. Mudiwa promised to settle the bill within 30 days but became evasive, prompting Kudyanyemba to file a police report.
- Case 4: The Mudiwas, along with their company, allegedly duped Marondera businessman Anyway Choto into believing they could construct a warehouse and storage facility for him at US$135,000. Choto paid US$122,163, but the couple only dug the foundation before diverting the funds and failing to complete the project. Choto lost US$105,963.
- Case 5: The Mudiwas allegedly received US$390,000 from Never Tembo, the Director of Virtuetrade Petroleum, for the construction of a double-storey house in Glen Lorne. They built the house to its ring beam before becoming evasive. Tembo became aware of their whereabouts in the media when they were arrested two weeks ago.
These additional charges paint a concerning picture of the Mudiwas’ alleged business practices, and raise questions about the extent of their alleged fraudulent activities.
The Mudiwas’ legal battles are far from over, with the possibility of more charges emerging as investigations continue.