Online Reporter
Danisa Masuku, Court Writer
BULAWAYO Ward 1 councillor, Josiah Mutangi, and his alleged accomplice, Janet Zhou, appeared for judgment yesterday at the Bulawayo Magistrate Court, facing 13 counts of defrauding vendors after promising to secure them vending bays.
Zhou and Mutangi appeared before Bulawayo Provincial Magistrate, Mr Richard Ramaboea, who found them guilty of all counts. The magistrate kick-started his judgment with a question.
“Why would a vendor part with US$200 to be part of an association? This means they were promised vending bays so that they have places to sell their goods in a formal place and stop fleeing from municipal police officers. Mutangi and Zhou connived and defrauded desperate vendors of their hard-earned cash,” said Mr Ramaboea.
He dismissed the accused’s defence of bringing receipt books and the constitution of their association, named “Bulawayo Achievers Association” to prove that vendors were members of their grouping.
“That’s a desperate and calculated, and well-oiled strategy to evade crime. After the matter was reported to the police, you came up with a strategy to claim that all the 13 complainants were members of your association — Bulawayo Achievers Association,” he blasted.
“Taking money from the vendors was unlawful and the claim by Mutangi that he never met or spoke to the vendors is a lie.”
Mr Ramaboea also dismissed as false Mutangi’s claims that the vendors were influenced by his political enemies to refuse the vending bays he had allocated to them. The matter has been postponed to December 8 for sentencing.
The duo was represented by their lawyer, Ms Constance Mathaba of Makiye and Partners, who argued that the complainants had paid money to an association to facilitate vending bay allocations.
Ms Mathaba further claimed that the victims were allocated bays at a designated site in the city centre but rejected them, later demanding refunds and reporting the matter to the police.
The prosecutor, Ms Brenda Nyoni, said the alleged fraud began in February this year when Mutangi and Zhou approached vendors in Bulawayo’s central business district.
One complainant, Chishamiso Chihota, was allegedly asked to pay US$200 to secure a vending bay. After making the payment, she and others were repeatedly told that allocations were being processed, only for the accused to later become evasive.
“After receiving the money, the accused persons would call for meetings and tell Chihota and her fellow vending bay seekers that they were processing the allocation of bays. After that, they became evasive,” read court papers.
The same tactic was allegedly used on several other vendors, including Editor Hora and Priscilla Musingofa, who each paid US$200 after being promised vending bays.
Other victims — Tatenda Mogoniwa (US$400), Pedzisai Nyamasoka, Zodwa Mhungu, Maria Takawira, Tymon Mpofu, Marygold Nkomo, Dambudzo Muvhuniwa, Thembalenkosi Ndlovu, Dianah Mucheki and the late Noma Mpala — also allegedly fell prey to the scheme, each parting with US$200.
The victims eventually teamed up and reported the matter, leading to the arrest of Mutangi and Zhou.
