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Senior Court Reporter
FORMER Chitungwiza Ward 12 councillor Darlington Musonza must perform 280 hours of unpaid community service to avoid jail after he was convicted of duping a home seeker of US$3 800 after selling a non-existent residential stand.
Harare regional magistrate Mrs Feresi Chakanyuka had initially gave Musonza a 24-month jail sentence before setting aside eight months on condition that he performed the 280 hours of community service at Chitungwiza Hospital.
Another eight months were set aside on condition that he pays back Kudakwashe Chatima the US$3 800.
The remaining eight months were suspended on condition that he does not commit a similar offence within the next five years.
Musonza was convicted after a full trial. In 2017, Mr Chatima approached a Chitungwiza-based real estate agent Vincent Tom-Barris intending to buy a residential stand.
He was told Musonza was in the business of selling residential stands.
Mr Tom-Barris then facilitated a meeting between the two where Musonza indicated that he was selling a stand in Zengeza 3 Extension.
Mr Chatima showed interest in the stand and agreed to buy it for US$3 800.
He made a down payment of US$3 230 through a bank transfer from his CABS bank account to Musonza’s Steward Bank account on March 13, 2017.
Another cash payment of US$570 was made to Musonza to reach the agreed purchase price with an agreement of sale being signed after the full payment. Musonza gave Mr Chatima an allocation letter with a letterhead from Cone Textiles Housing Co-operative and told him to go to Chitungwiza Municipality offices to process change of ownership.
But the Chitungwiza housing director could not locate the file records for the stand. Mr Chatima then reported the matter to the Zimbabwe Anti-Corruption Commission and investigations revealed that the stand was an open space which was not zoned for residential purposes.
Mrs Tendai Shonhai prosecuted.
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