Harare, Zimbabwe – Harare provincial magistrate Mr. Tapiwa Kuhudzai has issued a warrant of arrest for Tinashe Pswarayi, son of the late freedom fighter and medical practitioner Edward Munatsireyi Pswarayi, and his associate Tauya Masunda. The duo faces charges of misappropriating over US$52,000 in rental income from properties belonging to the deceased’s estate after failing to appear for judgment.
The case, which highlights alleged financial misconduct within the Pswarayi estate, was brought to light by Senior Lawyer Caleb Mucheche, the estate’s executor and complainant. Mr. Mucheche, alongside Ms. Chenayimoyo Pswarayi, the deceased’s UK-based daughter, testified during the trial about the extensive theft of rental funds amounting to US$52,000 by Masunda and Tinashe Pswarayi. This alleged misappropriation occurred between June and November 2014, prior to the official appointment of an executor.
According to Mr. Mucheche’s testimony, Masunda and Pswarayi allegedly established two fraudulent shell trusts, which they then used to illicitly siphon US$52,000 from the estate during the aforementioned period. This action is a direct violation of Section 42 of the Administration of Estates Act [Chapter 6:01]. The legal proceedings were initiated by Takunda Pswarayi, a UK-based sibling and one of the beneficiaries of the estate.
Tinashe Pswarayi, identified as a trustee of the late Dr. Pswarayi’s estate, is currently unemployed. Tauya Masunda serves as the director of City Accounting and Secretarial Services and also holds a trustee position for the estate’s Tondori 1 and Tondori 2 trusts.
Prosecutor Polite Chikiwa informed the court that Dr. Pswarayi had registered his properties under two trusts in 2009. Tondori 1 includes Munatsireyi Service Station and a commercial building in Machipisa, Harare. Tondori 2 encompasses 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 in Beatrice.
Following Dr. Pswarayi’s death on June 8, 2014, all properties remained under these two trusts, with Tinashe and Masunda acting as trustees. It is alleged that in the same month, the accused began collecting rental income from the estate’s properties. In June 2014 alone, the pair reportedly collected US$9,835 in rentals. However, they purportedly failed to remit these funds to the executor or report the transactions to the Master of the High Court, as mandated by Section 42 of the Administration of Estates Act, Chapter 6:01.
The alleged misappropriation continued, with an additional US$42,400 in monthly rental income collected between August and November 2014. Despite their fiduciary responsibilities, the funds were allegedly not distributed to beneficiaries or accounted for to the executor or the Master of the High Court. Takunda Pswarayi, as a beneficiary entitled to 10 percent of the rental income, reportedly received no payments during this period.
The alleged misconduct was only uncovered in December 2014, after Advocate Caleb Mucheche was appointed as executor dative by the Master of the High Court. Prosecutors contend that the accused failed to comply with legal obligations requiring 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, with no funds recovered to date.
