Fidelis Munyoro — Chief Court Reporter
Tinashe Pswarayi, son of the late freedom fighter and medical practitioner Edward Munatsireyi Pswarayi, along with his associate Tauya Masunda, appeared before the Harare Magistrates' Court last week charged with misappropriation of over US$52000 in rental income from properties belonging to the deceased's estate.
Both accused appeared before Magistrate Sharon Rakafa-Matsika but were not required to enter pleas.
They were remanded in custody to today for bail ruling.
The case was initiated by United Kingdom-based Takunda Pswarayi, a sibling and one of the beneficiaries of the estate.
Tinashe, a trustee of the late Dr Pswarayi's estate, is unemployed, while Masunda serves as the director of City Accounting and Secretarial Services and is also a trustee of the estate's Tondori 1 and Tondori 2 trusts.
Prosecutor Polite Chikiwa informed the court that in 2009, Dr Pswarayi registered his properties under two trusts. Tondori 1 held Munatsireyi Service Station and a commercial building in Machipisa, Harare, while Tondori 2 encompassed two residential stands in Borrowdale Brooke, a supermarket in Kambuzuma, another residential stand in Kambuzuma, and a 51 percent shareholding in Tondori Farm Private Limited located in Beatrice.
After Dr Pswarayi's passing on June 8, 2014, all properties remained under the two trusts, with Tinashe and Masunda as trustees.
That same month, the accused allegedly began collecting rental income from the estate properties.
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Prosecutors claim that in June alone, the pair received US$9 835 in rentals.
However, they failed to remit the funds to the executor or report the transactions to the Master of the High Court, as required under Section 42 of the Administration of Estates Act, Chapter 6:01.
The alleged misappropriation continued, with the duo collecting a further US$42 400 in monthly rental income between August and November 2014.
Despite their fiduciary duties, they allegedly did not distribute the funds to beneficiaries or account for them to the executor or the Master of the High Court.
Takunda Pswarayi, a beneficiary entitled to 10 percent of the rental income, reportedly received no payment during this period.
It was only in December 2014, following the appointment of Advocate Caleb Mucheche as executor dative by the Master of the High Court, that Takunda uncovered the alleged misconduct.
Prosecutors contend that the accused failed to comply with the legal obligations governing the administration of estates, which require any individual in possession of a deceased person's assets to surrender them to the executor or report to the Master of the High Court.
The total amount allegedly misappropriated stands at US$52 235, none of which has been recovered.
