Online Reporter
Midlands Bureau
PROMINENT Gweru miner and former Ward 12 Councillor, Charles Simbi (55), and his wife Zodwa have found temporary relief in their legal battle after being granted bail pending appeal by the Masvingo High Court.
The couple, who were recently convicted and sentenced to prison for forgery and fraud in connection with a disputed land offer letter, had spent days under the shadow of incarceration before the High Court intervened.
The couple was granted bail by High Court judge Justice Sunsley Zisengwe, who ordered them to deposit US$100 or its equivalent in ZiG. As part of the bail conditions, Justice Zisengwe directed that they continue residing at their stated address until the matter was finalised.
Simbi and Zodwa, represented by their lawyer Mr Esau Mandipa of Mandipa, Makwara and Chikukwa Legal Practice, applied for bail following their conviction and sentencing by Gweru Provincial Magistrate Ms Beaulity Dube.
The pair had each been sentenced to 18 months in prison for forgery, with six months suspended for five years on condition of good behaviour, leaving an effective 12-month custodial term.
Justice Zisengwe noted that the couple’s appeal carried merit, stating that the magistrate erred in convicting them on the basis that their offer letter for a resettlement plot at Kanuck Farm was forged, despite no evidence proving they had forged the document.
Mr Mandipa argued that the State failed to prove its case beyond reasonable doubt, maintaining that the temporary resettlement permit at the centre of the allegations was authentic and lawfully issued by competent authorities.
He further submitted that the magistrate wrongly applied the doctrine of common purpose, saying it was not applicable to the facts of the case.
Ms Dube had sentenced Simbi and Zodwa to 12 months in prison each for forgery and fraud after they allegedly attempted to claim a gold-rich plot using a fake offer letter.
The court heard that the couple fraudulently sought to acquire a 10-hectare plot at Kanuck Farm using a forged document purporting to be an official land offer letter.
The State argued that the document was not authentic and had not been issued by any legitimate authority.
According to court records, the Simbis had illegally occupied and farmed the land since 2014, benefiting from it for nearly a decade before their scheme was uncovered.
In sentencing, Ms Dube acknowledged that the pair were first-time offenders but stressed that the gravity of their actions and sustained dishonesty warranted imprisonment.
“The court took into account that the two are first-time offenders. However, fraud is a serious offence in these proceedings,” she said, adding that such conduct undermines public trust in Government institutions.
“These crimes erode public confidence in how public institutions are run. It must not appear easy for individuals to access fraudulent documents from State offices. The integrity and image of such institutions must be protected,” she said.
Ms Dube further criticised the couple’s lack of remorse and dishonesty during the trial, noting they repeatedly promised to produce witnesses or documents to support their claim but failed to do so.
“They exhibited high levels of dishonesty throughout the trial,” she said, pointing out that neither the Ministry of Lands nor any land committee had records linking the couple to the property.
“For the first count of forgery and possession of a fake document, the court imposed an 18-month custodial sentence, with six months suspended for five years on condition they do not commit similar offences.
“This leaves each with 12 months of effective imprisonment. On the second count, involving the use of a forged document, each was fined US$400, payable by 30 November 2025, or face an additional five months in prison in default,” Ms Dube ruled.
