THE charges levelled against Chemplex Corporation Limited chief executive James Chigwende were yesterday withdrawn after the court ruled that he should not be charged in his personal capacity.
Instead, the State has now placed the company on remand, represented by its legal manager, Kudakwashe Jenami.
Harare magistrate Isheanesu Matova postponed the matter to February 3 for a trial date, with minor docket amendments pending.
According to prosecutor Rufaro Chonzi, on February 20 last year, the complainant, Courage Katiyo, who is the director of Coursim Investments, initiated a 90-day fix-and-supply contract with Dorowa Minerals in Murambinda.
This was done through its parent company Chemplex Corporation for the erection of a greenhouse shade at Dorowa Minerals.
The contract was signed at Chemplex headquarters in Harare and Katiyo was meant to receive US$77 264 as payment.
The State alleged that Katiyo and the then acting general manager on February 20 appended their signatures to the contract document, which had three copies.
However, the court heard that witnesses to the contract, on behalf of Dorowa Minerals, were not present as they were at the mine, where they are stationed.
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They allegedly received the contract document through email on the same date and the two witnesses, Viznet Ruzvezve and Evans Bonde, allegedly signed the contract document on February 22 and sent it back to Harare via the same means.
Katiyo then received a scanned copy of the contract document, which bore all the signatures and he acknowledged receipt.
The court heard that after detecting alleged contractual breaches, Katiyo resolved to terminate the contract and sent a notice through an email to Chemplex.
He claimed his financial dues.
It is alleged that Chigwende objected and produced a contract document which he had allegedly unlawfully altered.
The copy Chigwende produced indicated that all signatures were appended on February 20.
Chigwende, in his capacity, was being accused of forging the contract by replacing the witnesses’ signatures and using the forged document to attempt to vary the terms of the contract.
