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GEORGE Zingane, the proprietor of Geozing Pawnbroking Company is failing to pay a $7 000 fine and yesterday appeared in court over the issue.
Zingane, of Number 4 Kingston Court, Famona in Bulawayo, was issued with a warrant of arrest for defaulting paying the fine imposed on him in May this year.
This was after his pawn broking company, which was taking deposits from members of the public offering interest rates of up to 30 percent was convicted of violating Section 5(10)(b) of the Banking Act, Chapter 9:23.
Bulawayo magistrate Mr Crispen Mberewere cancelled the warrant of arrest after his lawyer, Mr Walter Nyabadza, of Majoko and Majoko Legal Practitioners said his client failed to pay the fine because he was no longer in control of his assets.
Mr Nyabadza said his client was bound by a High Court Order delivered by Justice Martin Makonese two months ago ordering him to cease to be the director and signatory of the company.
When Zingane was fined in May he was representing his company in his capacity as its director and was also separately charged as the proprietor in the second count.
At that time Geozing Pawnbroking Company was fined $4 000 and Zingane $3 000.
Yesterday, Mr Jeremiah Mutsindikwa for the State expressed concern that the State had hit a snag on the case as it was failing to get a replacement to stand on behalf of Zingane for the trial to start.
Mr Mutsindikwa told the court that he had written to the company’s liquidators, Bulawayo lawyer Mr Matshobana Ncube and Mr Philip Ndlovu to avail a replacement but without success.
Messrs Ncube and Ndlovu were confirmed as substantive liquidators last week.
“On the last remand date the State indicated that technically, the accused can no longer represent his company and we requested for a replacement from the liquidators.
“Unfortunately, the liquidators responded saying they were only interested in the affairs of the company which transpired after their appointment.
The letter is with my superiors and we are trying to find a way forward because we cannot proceed to trial without a replacement,” said Mr Mutsindikwa.
“I appreciate the fact that the matter has taken too long but it is unfortunate that we could not foresee these technicalities. We will sit and come up with a solution because we cannot go for trial at this stage.”
The case has been in the courts for more than three months.
In response, the magistrate questioned whether the liquidators’ decision had affected payment of the fine, saying that it was vague.
The matter was postponed to 5 August when the State hopes it would have come up with a solution.
Mr Nyabadza submitted that if on 5 August the State would not have “put its house in order”, the defence counsel would make an application for refusal of further remand.
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