adminThandeka Moyo Court Reporter
CHEDA and Partners lawyer Mlamuli Ncube, facing fraud charges, was yesterday removed from remand pending plea after a magistrate granted his application for refusal to be put on remand. Mlamuli Ncube, 34, who was charged together with Elphas Ncube, Maxwell Busani, 36, and Philip Mubonesi Moyo was removed from remand after prosecutors withdrew charges against him.
The quartet allegedly connived and forged powers of attorney and used them to sell two houses in Burnside and Fortunes Gate for a total of $75,000.
Charles Danda, for the State, admitted that there was proof that a $50,000 deposit for the Fortunes Gate House had been deposited into the law firm’s trust account and that he had not benefitted personally.
Magistrate Tinashe Tashaya agreed to withdraw the charges and later granted Ncube’s application for refusal to be put on remand in the second matter involving $25,000. This means prosecutors will proceed by way of summons. Danda said sometime last year, Mlamuli used the same method and changed the power of attorney before selling Zinhle Jean Ndlovu’s Burnside house for $25,000 to Philimon Matika.
The court heard that Ncube connived with Elphas and Moyo, who is serving a lengthy jail term for armed robbery, to sell Ndlovu’s property.
Danda said on March 7, Elphas was arrested and he implicated his three accomplices, Mlamuli, Busani and Moyo.
Elphas and Moyo aka Livion Moyo on Monday appeared before Magistrate Sibongile Msipa-Marondedze facing unlawful entry and fraud charges relating to the Fortunes Gate house. Before the house was fraudulently sold, the court heard, they broke in and sold all the property while the owner, Vusamazulu Nkomo, was away on business in South Africa last July.
The two men were remanded in custody to April 2.
Bongani Moyo
Online Reporter