A HARARE magistrate has issued a warrant of arrest for Tinashe Pswarayi, son of late freedom fighter and medical doctor Edward Munatsireyi Pswarayi, and his associate Tauya Masunda after they failed to appear in court for judgment on charges of misappropriating over US$52 000 in rental income from the deceased's estate.
Magistrate Tapiwa Kuhudzai issued the warrant after the pair, which is a trustee of the late Pswarayi’s estate, skipped court.
The complainant and executor of the estate, senior lawyer Caleb Mucheche, testified alongside the deceased’s UK-based daughter, Chenayimoyo Pswarayi, detailing what they called “rampant theft” of estate rentals.
The alleged misappropriation occurred between June and November 2014, before Mucheche was appointed executor.
Mucheche told the court that Masunda and Tinashe unlawfully created two bogus trusts as part of a web of fraud and theft, using them to siphon
US$52 235 from the estate in violation of section 42 of the Administration of Estates Act [Chapter 6:01].
The case was initiated by Takunda Pswarayi, a sibling and beneficiary of the estate who is based in the United Kingdom.
In 2009, Pswarayi registered his properties under two trusts: Tondori 1, which comprises Munatsireyi Service Station and a commercial building at Machipisa shopping centre, Harare.
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The other is Tondori 2, covering two residential stands in Borrowdale Brooke, a supermarket in Kambuzuma, a residential stand in Kambuzuma and a 51% shareholding in Tondori Farm (Private) Limited in Beatrice.
After the passing away of Pswarayi on June 8, 2014, all properties remained under the two trusts, with Tinashe and Masunda as trustees.
According to prosecutor Polite Chikiwa, the accused collected rental income from the estate's properties that same month. In June 2014, they allegedly received US$9 835 in rentals.
Between August and November 2014, they collected a further US$42 400.
Instead of remitting the funds to the executor or reporting transactions to the Master of the High Court — as required by law — they allegedly kept the money and they did not distribute any to beneficiaries.
Takunda, who was allegedly entitled to 10% of the rental income, reportedly received nothing during that period.
It was only in December 2014, after Mucheche was appointed executor dative by the Master of the High Court, that the alleged misconduct came to light.
Prosecutors argued that the accused violated legal obligations requiring anyone in possession of a deceased person’s assets to surrender them to the executor or
report to the Master of the High Court.
To date, US$52 235 has been recovered.
