HAMILTON MADZUDZU                                                             

and                                                                                                     

STANLEY CHIWANDAMIRA

and

JETHRO BETE

versus

THE STATE

HIGH COURT OF ZIMBABWE

HUNGWE & WAMAMBO JJ

HARARE, 27 March & 25 April 2018

Criminal Appeal

Ms M Chimhoga, for the appellants

F I Nyahunzvi, for the respondent

            HUNGWE J:  We dismissed this appeal in its entirety without hearing the respondent’s submissions at the hearing of this appeal. The reasons for our decision are as follows:

1.      The appellants were convicted of corruptly concealing from their principal a personal interest in a transaction as defined in s 173 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. They were sentenced to three years imprisonment which was wholly suspended on condition they each do not commit an offence of a similar nature for which they are each sentenced to imprisonment without the option of a fine.

2.      The facts found proved were that the appellants were employed in managerial positions within the complainant company which was in the business of installing and servicing of ventilation fans and air-conditioning units, installation of kitchen wall exhaust fan fittings and fabrication of the same.

During their employment they set and promoted a company in the same business line and appointed their spouses or children as directors of that company. When asked to provide a quotation by their employer’s clients, they would also submit a