Online Reporter
Zvikomborero Parafini
Prophet Passion Java yesterday attended his sister’s pre-sentence hearing following her fraud conviction on Tuesday.
Java’s sister, Mavis, was convicted after a full trial together with her accomplice, Pauline Gutsa. The pair is expected in court today for plea recording.
While Java has publicly distanced himself from his sister’s legal troubles, he attended the hearing in a show of solidarity, accompanied by other family members.
Prosecutor Oscar Madhume told the court that the pair sold nine non-existent stands to Harare businessperson Ms Farai Chikuwa, Ms Naledi Maunganidze and Mr Fortune Rukara, and received US$119 000.
The victims discovered they had been duped after checking with the City of Harare, which confirmed the stands were not on the local authority’s database.
In September 2019, Ms Chikuwa was introduced to Gutsa and Madzivanzira, who misrepresented that they were selling stands in Milton Park, Vainona, Logan Park and Gunhill.
They produced Harare City Council site plans for the proposed subdivisions and acting on the misrepresentation, Ms Chikuwa — a director of two construction companies — decided to buy three stands in Milton Park at US$15 000 each.
The State says she later bought six more stands on her own behalf and for Maunganidze in Vainona and Logan Park, valued at US$64 000.
Ms Chikuwa paid US$97 450 as deposits for the nine stands into the pair’s attorney’s trust account.
Gutsa promised to deliver offer letters but nothing materialised, the court heard.
When Ms Chikuwa approached the City of Harare to confirm the status of the stands, officials told her they were not on the database, prompting her to report the matter to the police.
On a separate count, on June 19, 2019, Rukara was looking for a residential stand and was referred to Gutsa and Madzivanzira, who said they had stands for sale.
Rukara agreed to buy a Greendale stand listed at US$35 000 but negotiated the price down to US$20 000 because the stand had no title deeds.
Gutsa and Madzivanzira then engaged a lawyer to draft an agreement of sale and Mr Rukara deposited US$20 000 into the lawyer’s trust account.
Under the agreement, Mr Rukara was to sign for release of the funds to Gutsa and Madzivanzira after being given the deed of cession and an offer letter. However, when he visited the Greendale district office, he was told the land was not a residential stand. Mr Rukara was unable to recover his money after the duo withdrew the funds from the trust account and disappeared.
