Ngoni Dapira 

THE now defunct Clique Pharmacy court tussles continued today (Thursday), but the matter was again deferred after the defense lawyer Dorcas Mutungura of Maunga Maanda and Associates,representing Simbarashe Mushambi Dube and Paula Dube, excepted the charges of theft of trust property.

Mutare Magistrate Honest Masiiwa postponed the matter to next Friday after the State represented by prosecutors Talent Nyamuzuwe assisted by Brighton Nyamuromo argued that there was no notice of the procedural exception so they needed time to respond.

Procedural exception is an objection to the form of a legal action, but not its substance.

The tables have therefore turned in the ongoing wrangles between directors of the now defunct but once popular pharmacy in Mutare, Clique Pharmacy, as the Dube couple is now on the receiving end facing theft of trust property charges whilst the third director, Douglas Chiutsi is now the complainant.

The Dube’s were subpoenaed on 23 September and appeared before Magistrate Musiiwa on 29 September represented by their lawyers from Maunga Maanda and Associates. Magistrate Musiiwa set the trial date for today (Thursday) but again had to defer the matter.

In the State’s case, Chiutsi who is now the complainant is claiming to have been prejudiced of US$309 595.67 in theft of trust property. He claims that the Dube’s sold Clique Pharmacy assets and the business last year on September 5 to Tirman Investments. Tirmin Investments is now operating their own pharmacy at the same premise where Clique Pharmacy used to operate, but only slightly changed the brand name to Clique Care Pharmacy.

Clique Pharmacy was closed by the Medicines Control Association of Zimbabwe (MCAZ) last year on August 8, due to lack of compliance issues, a month before it was sold on 5 September to Tirman Investments as alleged by Chiutsi.

The State outline reads,” The complainant held 33% of the shares while the accused persons had 33.5% each. In 2024 the parties had a sour relationship and the complainant resigned from work as a pharmacist on 7 May 2024. The Complainant left Healthwell Pharmacy t/a Clique Pharmacy with stock and assets as stated on annexure marked ‘B’ attached valued at US$272 775-56. Cash at hand US$21 990.00. Stanbic Bank account 914000991383 had US$1351.99. ZB Bank account 4532257721405 had US$13 478.14 as of 06 May 2024.”

In the State outline Chiutsi further claims that the accused persons removed him from being a director without his knowledge or consent on 27 May 2024 and went on to remove him from being a signatory at Healthwell Pharmacy.

On the other hand, Chiutsi was last week Tuesday acquitted of all his 186 counts of theft and fraud by the Regional Magistrate Noel Mupeiwa at Mutare Magistrates Court. He was arrayed before the courts mid last year by his business partners facing theft charges of US$15 621,37 and fraud charges of US$284 036.21 which amounted to 186 counts in total.

Clique Pharmacy was formed in Mutare in 2017 by three shareholders, Chiutsi (33%), Paula Dube (33.5 percent) and Simbarashe Mushambi  Dube (33.5%). The other two shareholders, the Dube’s, are a couple. The now non-operational Clique Pharmacy was registered as Healthwell Pharmacy and within a short space of time grew to become a big brand in the pharmaceutical business in Mutare.