Beira Cement: Bankruptcy or the Story of a Scam? (3)

Beira Cement: Bankruptcy or the Story of a Scam? (3)

By Luís Nhachote

In Beira, everyone knows that the judge presiding over the special “insolvency” case —
whose outlines hint at a thin line between justice and fraud — is, in a curious and
unprecedented twist, at the centre of a delicate and bizarre situation laced with picturesque
overtones of a pseudo-justice that cries out to the heavens. A mafia-like nucleus with
international links is at the heart of it all.

The aforementioned judge, Leonid de Bruno Muhate, three days after confirming in a court
ruling the insolvency of Cimentos da Beira, acquired and began using a vehicle which, as the
Centre for Investigative Journalism (CJI) later found out, had been stolen in the Republic of
South Africa, to the astonishment of both legal circles and Beira society, owing to the car’s
model, brand, and engine capacity, all of which are highly unusual within the professional
circles of the judiciary and related fields. This is a vehicle beyond the reach of even well-paid
civil servants within the judiciary due to the high customs duties involved. It is telling that
even the Secretary of State for Niassa publicly appealed to the Head of State for a reduction
in customs duties for the purchase of a Toyota GD-6, whose import fees surpassed 2.5 million
meticais. But as the saying goes, “the truth floats like oil”: the data we have shows that the
judge paid far less than what would normally be due for a vehicle of this calibre under regular
circumstances.

Questions for the sake of appearances…

ao TJPS (1)

On 5 February, the Centre for Investigative Journalism (CJI), striving to unravel the tangled
web behind the insolvency, submitted a set of questions and supporting evidence to the Sofala
Provincial Judicial Court (TJPS), in a bid to understand what could have led one of its
magistrates to take such ungodly paths.

To those questions, two and a half months later, the CJI has yet to receive a formal response
— despite promises. “Thank you very much, I acknowledge receipt. I will respond in the
coming days after gathering relevant elements. Warm regards and good work,” was the reply
from Martinho Domingos Muchiguere, judge and spokesperson for the TJPS, to our email
dated 5 February, whose questionnaire can be viewed HERE.

The Despair of Tyron Musimani
Friday, 2 August 2024, is a date the South African national Tyron Musimani will never
forget. It was on this fateful day that his white Toyota Hilux, registration ND 525431, chassis
number AHTHA3CD803436600, engine number 1GD0837023, registered in the name of his
company Tye Properties PTY LTD and purchased in 2020 for 585,000 South African Rand
(ZAR) (equivalent to MZN 2,223,000 at the exchange rate of 3.8 meticais) vanished without
a trace, shocking both the owner and South African authorities.

According to the police report from the South African Police Service, which is in the
possession of the CJI, the victim parked the vehicle on one of Durban’s avenues, the capital
of KwaZulu-Natal Province, at around 6:30 PM “with the windows and doors locked”. When
he returned around 7:20 PM, it was no longer there. Musimani informed the SAPS (Case File
Number HARTBEESPOORTDAM 20/8/2024) that at the time of the incident, he had left a
Dell laptop worth ZAR 30,000 and various clothes worth ZAR 5,000 inside the vehicle — all
of which disappeared during the less than one-hour window he was away.

Contacted by CJI, Tyron Musimani stated that he only found out his car was allegedly in the
hands of a Mozambican judge after certain Mozambican television channels — notably
TVSucesso — broadcast parts of the documents attached to this investigation. Musimani
pleaded to CJI: “I just want my car back, please, Your Honour!”

The Judge’s “Importation” of the Vehicle

ANP549MC

On 11 October 2024, two months after the magical disappearance of Musimani’s vehicle in
Durban, the Hilux was reportedly exported through Gogo Motors, an export entity based in
Durban, allegedly used by Judge Leonid Bruno Muhate as the intermediary in the supposed
purchase. On the Mozambican side, the judge enlisted the services of Lucas Zingai Quembo
Nhadiro, a licensed customs broker officially registered with the Customs Brokers’
Association. From the TIATO 2 – International Vehicle Terminal in Maputo Province (?), he
proceeded with the formalities and administrative procedures for importing the vehicle into
Mozambique.

It is worth noting, however, that for a vehicle of that model, the declared value was “very
low”, according to Mozambican customs authorities. Nonetheless, “in terms of percentage-
based duties, it is compliant,” clarified the source.

To legalise the Toyota Hilux — a double-cabin model with a 3200cc engine — for use in the
country, Judge Leonid Bruno Muhate reportedly declared its value at ZAR 315,000. See the
importation document.

Three days after arriving at TIAUTO 2, the vehicle — now bearing Mozambican number
plates ANP549MC — was reportedly taken to the port city of Beira, much to the judge’s
delight and the astonishment of his judicial peers. One judge we spoke to about the Beira
Cement case commented on 13 January: “A car like that is far beyond what our salaries
allow. At most, we can afford a Mark X. Our colleague is clearly showing off, and I hope he
can explain the origin of the funds.”

While the gleeful owner of the Toyota Hilux was enjoying his new ride, Interpol — in a letter
numbered 16/Inpl/Moz/2024, dated 29 January of the current year — informed the Criminal
Investigation Service (SERNIC) of Sofala that a vehicle matching the characteristics of the
one stolen in Durban “was in the hands of Judge Bruno.” We believe that SERNIC shared this
crucial information with the TJPS. However, the truth remains that, nearly 90 days later, the
Sofala Provincial Judicial Court has yet to clarify how this situation was allowed to unfold or
how one of its judges could so brazenly tread the path of the ungodly without consequence.

The Customs Broker’s Explanation
CJI managed to obtain a statement from Lucas Zingai Quembo Nhandiro, a licensed customs
broker (certificate no. 124 DGA 05 05), who processed the vehicle’s importation via the
South African intermediary Gogo Motors — which CJI was unable to locate in any Durban-
based automotive directories. The closest match was a company advertising car sales and
purchases… in Saudi Arabia.

“Dear Journalist Luís Nhachote,
Regarding this case, I can confirm that the vehicle followed a standard importation process:
invoice – foreign exchange commitment – road cargo manifest – payment receipt for duties –
DU and exit authorisation.
The roles of the entities involved in the importation process are as follows:
– Banking sector: approve and register the foreign currency transaction through the
exchange commitment form.

– Mozambican Customs: review the basic documents (invoice, exchange commitment
form, road manifest), approve/assess the vehicle’s customs value, verify the document
data against the physical vehicle, and conduct checks on the legality of the vehicle in
the country of origin — including whether it was stolen — and request additional
documents if suspicions arise. Finally, Customs issues a document called the Exit
Authorisation.
– Customs broker: receive the invoice, assist the client in filling in the exchange
commitment with the bank, submit documents to Customs through the Single
Electronic Window (JUE), request payment of duties and assignment of registration
number, and facilitate customs clearance and issuance of the Exit Authorisation.

AS YOU CAN SEE: the broker’s role is simply that of an intermediary in the import process.
It is up to Customs to trigger actions involving
SERNIC/INTERPOL/SISE/INVESTIGATION services when suspicions arise, and such
responsibilities do not fall under the broker’s remit — not even abroad.”

CJI will continue to unravel this case (see here and here), which has international
ramifications and intricate webs with seemingly Machiavellian aims to take over the cement
company.