adminJacob Manzunzu (52) was facing two counts of corruption and fraud involving more than US$150 000. He allegedly committed the offence between 2000 and 2003 while he was still working in Zimbabwe as the Registrar and Sheriff of the High Court of Zimbabwe
Magistrate Mr Clever Tsikwa cleared Manzunzu on the corruption charge on the grounds that the State had failed to prove a solid case against him.
He further said there was nothing, which could prevent a public officer from purchasing property at a public auction. Mr Tsikwa, however, ruled that Manzunzu has a case to answer on the fraud charge and should be placed on his defence.
“The State has managed to prove a prima facie case against the accused person. The accused has got a case to answer and he has to explain how he sold house number 3 Rosedean Gardens when the bank had not nominated the house,” he said.
In his defence, Manzunzu through his lawyer Mr Jonas Dondo denied the fraud charge. He claimed that he was the Sheriff of the High Court of Zimbabwe during the period the offence was allegedly committed hence could not have made a misrepresentation to himself.
Said Mr Dondo: “It must be explained that the central role of the Sheriff’s office is to attach and sell in execution of court judgement those properties identified to the deputy sheriff by judgement creditors. Accused believes that the property in question must be one such property identified to the deputy sheriff by a judgement
creditor through a Writ of Execution.”
Mr Dondo further told the court that his client acted professionally as sheriff and in line with the High Court rules applicable at the time and he only did what was required by virtue of his office.
He further argued that Inchdale Investments Pvt Ltd, the judgement debtor in the matter, was the owner of the property not Sibongile Manyimo.
“No record exists to show that the now complainant was ever the owner of the property in question and accused cannot understand how the so-called complainant can be a complainant in this matter,” argued Mr Dondo. The trial continues on July 9 when the then Standard Chartered’s attorney is expected to testify as a defence witness.
Prosecutor Mr Editor Mavuto alleged that Manyimo bought House Number 3 Rosedean Gardens, Ashdown Park, Harare for Z$1 900 000 from Inchdale Investments (Pvt) Ltd. An agreement of sale was signed between Manyimo and Adelino Bento, the director of Inchdale Investments (Pvt) Ltd.
The ownership transfer was not effected since Bento had gone out of the country, it is alleged. It is further alleged Inchdale Investments (Pvt) Ltd owed Standard Chartered bank Z$5 000 000.
In a bid to recover its money, the bank identified two of Inchdale Investments properties being Houses Number 1 and 22 Rosedean Gardens, it is alleged.
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