Online Reporter
Vusumuzi Dube, Deputy Radar Editor
A FORMER Zimbabwe Prisons and Correctional Services (ZPCS) officer, Luke Mapfumo Madzvandike (73), of Emganwini suburb in Bulawayo, has been convicted on fraud charges involving the unlawful collection of building materials and separately fined for threatening to assault a businessman while appearing in court.
Madzvandike, who resides at House Number 1780 Emganwini, was convicted of fraud as defined in Section 136(a) of the Criminal Law (Codification and Reform) Act after he misrepresented himself in order to obtain 1 000 face bricks valued at US$800 from Loveleg Investments in Bulawayo.
Court papers show that on an unknown date in mid-December 2022, at around 10am, Madzvandike went to Loveleg Investments in Emganwini and falsely represented to the company’s supervisor, Mr Costa Munyimani, that he had been sent by businessman Mr Lovemore Mpofu to collect the bricks.
The complainant in the matter was Loveleg Investments, represented by Mr Munyimani (38), of House Number 4433 Emganwini.
As a result of the misrepresentation, the bricks were released to Madzvandike. The value of the bricks was US$800 and nothing was recovered.
Following his conviction, the court sentenced Madzvandike to 12 months imprisonment, of which three months were suspended for three years on condition that he does not commit another offence involving dishonesty during that period.
A further three months were suspended on condition that he restitutes Mr Mpofu the sum of US$800, while the remaining six months were suspended on condition that he completes 210 hours of community service at Senzangakhona Primary School.
In a separate matter, Madzvandike was fined US$110 or, in default of payment, 20 days imprisonment after being convicted of contravening Section 89(1)(b) of the Criminal Law (Codification and Reform) Act relating to assault by threat.
The conviction arose from an incident that occurred on April 9 this year at the Western Commonage Magistrates Court while proceedings in the fraud case were underway.
According to court records, Mr Mpofu (49), of 91 Percy Avenue, Bulawayo, had gone to court to testify in the fraud matter involving Madzvandike.
The court heard that at around 9.40am, Mr Mpofu went to the toilet and was followed by Madzvandike, who asked him what he thought about the ongoing case.
After leaving the toilet and taking a seat on court benches, Mr Mpofu was allegedly followed by Madzvandike, who began shouting at him and calling him an “idiot”.
Court papers state that Madzvandike then threatened Mr Mpofu in isiNdebele, saying: “Ngiyakutshaya khathesi” (I will beat you now), while raising and waving his right hand.
The court further heard that when police officers stationed at the court complex approached to investigate the disturbance, Madzvandike allegedly continued with the threats, saying: “Ngiyakutshaya phambili kwamapholisa” (I will beat you in front of the police officers).
The matter was reported to the police, leading to Madzvandike’s arrest and subsequent prosecution.
The court found him guilty and imposed a fine of US$110 or 20 days imprisonment in default of payment.
