Online Reporter
Danisa Masuku, Court Writer
A FORMER Supreme Court judge’s driver, Henry Ntini (39), has been convicted and sentenced to three years in jail but will serve one year and six months for swindling a convict’s wife of US$4 800 after promising to secure bail for her husband.
His co-accused, Zamani Gwizi, was acquitted in the same scandal.
Henry Ntini, a resident from Bulawayo’s Southworld suburb and former judicial driver, appeared yesterday before Bulawayo Provincial Magistrate, Mr Richard Ramaboea, for sentencing.
The magistrate sentenced him to three years in jail. Six months were suspended on condition that he does not commit a similar offence within a period of five years.
Should he be convicted of such an offence, he will be jailed without the option of a fine. A further 12 months were suspended on condition that he pays restitution of US$2 400 to the complainant, Ms Jane Queen Ghoveya.
In his ruling, the magistrate cleared Gwizi of the charges but convicted Ntini.
“There is no way the court can connect Zamani to fraud because he was acting in agreement with the complainant. Was any fraud committed?
“There was no fraud, this was theft, and the person who promised to help secure bail was Ntini, who was given the money,” said Mr Ramaboea.
“He even signed an affidavit stating that he was returning US$2 300 after the complainant, Ms Jane Queen Ghoveya, pressured him to return the money.
“Ntini’s evidence was defective, and he knew that by collecting the money he was committing a crime, and he admitted that he returned the money to save his job,” he added.
Prosecutor, Mr Milton Moyo, told the court that in November 2023, the complainant’s husband, Khumbulani Sithole, was convicted of murder at the Bulawayo High Court and sentenced to 10 years in prison.
During the same month, Sithole engaged a lawyer to appeal against the sentence. However, the appeal was dismissed.
The court heard that Gwizi, a family friend of the couple, visited Sithole at Khami Maximum Prison.
During their conversation, Gwizi claimed there was a man at the Supreme Court who could facilitate bail pending appeal.
“He told him the man needed US$3 500. The complainant, through his wife, gave Gwizi US$4 800 to facilitate the granting of bail,” the prosecutor said.
On November 21, when the Supreme Court sat to hear the application, the appeal was dismissed, with the presiding judge noting that “it was improperly done”.
Realising she had been duped, Ms Ghoveya made several unsuccessful attempts to recover the money from the duo.
Her efforts proved fruitless, leading her to report the matter to the Zimbabwe Republic Police (ZRP) Commercial Crimes Division (CCD), resulting in the pair’s arrest.
