By Rex Mphisa
RULING is expected today in the case where two Chinese businessmen arrested on allegations of smuggling 27 tons of Silica Quartz have applied for bail saying they will stand trial and will not abscond.
Through their lawyer Jabulani Mzinyathi of Garikayi and Company Can Wu (43) of 8 Kipling Road, Greendale, Harare and Yuan Chang (52) of 15 Drew Road, Chisipite, Harare., said they were good candidates of bail.
The two deny the smuggling charge saying they contracted a clearing company to process the export of their product.
In their submissions the two said their business interests are incentive enough for them to stand trial.
“Both applicants have substantial business interests in Zimbabwe. They have heavily invested in mining and other equipment. Fleeing is not an option,” Mzinyathi said.
“There are cases where foreign nationals have been granted bail and asked to reside in lodges or hotels. The foreign nationals in this case have fixed abode,” he said in an application before
They did not attempt to flee at all. Both cooperated with the detectives.
To buttress their application Mzinyathi said Section 50(1)(d) gives the State the onus to place before the court compelling reasons why an applicant should be denied bail.
The position is amplified in the case of Kachigamba and Another v The State HH 358/15.
Courts have been urged to lean in favour of Applicants’ liberty where there will be no prejudice to the administration of justice.
“The two Applicants are facing a fiscal offence with a penalty provision of level 14 or three times the duty paid value,” he said.
Allegations against the two are that on 3anuary 31, 2026, the accused persons together with Tarisai Matsveru, whose further particulars are not known, and is still at large, connived to smuggle 27 tonnes of Silica/Quartz ore out of the Country via Beitbridge Border Post.
Can Wu and Yuan Cheng allegedly hired a Faw Truck Registration number LY4ZYZ GP towing a trailer registration number MN 53 DC GP driven by Aaron Siyabonga Dlamini to their Rockseed mine, Kotwa, Mutoko.
On February 3, 2026, the driver arrived at Beitbridge Border Post but allegedly failed to produce the export documents in respect of the consignment.
The truck was seized by ZIMRA and investigations led to the arrest of the Can Wu and Yuan Cheng February 16, 2026.
Magistrate Takudzwa Gwazemba is expected to make his ruling today.
Tawanda Chigavazira prosecuted.