Online Reporter
Danisa Masuku , [email protected]
THE trial of a Bulawayo man accused of swindling a desperate home seeker of US$10 000 has opened at the Bulawayo Magistrates’ Court, with his son testifying that his father allegedly committed identity fraud and misrepresentation by appointing him as a company director without his knowledge.
Vision Sithole, who resides at a flat in Bulawayo’s central business district, appeared before regional magistrate Mr Lungile Ncube facing a fraud charge. He pleaded not guilty.
Through his lawyer, Dixon Abraham, Sithole argued that he had a valid Bulawayo High Court order granting him rights to own the disputed housing stand.
In a dramatic turn during the trial, Sithole’s son, Nigel, distanced himself from the company at the centre of the dispute and accused his father of using his identity in court documents without consent.
“The accused, who is my father, committed identity fraud and misrepresented facts to the court by using my name on the applicant’s affidavit in HC27/2010 and on a power of attorney in case HC1376/18 without my knowledge,” Nigel told the court.
He said his father confessed during a recorded telephone conversation that he forged the documents for “family interests.”
Nigel said he had never participated in the running of Sunops Consultancy (Pvt) Ltd and only became aware of the matter after being contacted by the Zimbabwe Anti-Corruption Commission (Zacc).
“On May 19, 2023, I received a call from a Zacc officer inviting me for an interview regarding the matter. I then contacted the accused to ask what the case was about. Although he explained, I was not convinced and asked him to send me the relevant documents,” he said.
Nigel said he later had a lengthy conversation with his father over the use of his identity in court proceedings.
“The accused admitted that he personally drafted the application for HC271/10 using my name and also fraudulently produced a power of attorney in my name to defend the rescission judgment in 2018,” he testified.
“I was never involved in the day-to-day running of Sunops Consultancy Pvt Ltd or any of its legal disputes. I had no knowledge that my name had been used in court proceedings.”
Nigel further told the court that he had no knowledge of the acquisition of the disputed housing stand and had never filed affidavits or represented the company in any legal matter.
Prosecuting, Mr Milton Moyo told the court that Sithole, acting on behalf of Sunops Technical Consultancy (Pvt) Ltd, falsely represented to his former schoolmate, Ms Mary Juwel Makololo, that the company owned Stand Number 4243, Bulawayo Township, measuring 1 115 square metres.
The court heard that in July 2014, Sithole allegedly offered to sell the stand to Ms Makololo, who subsequently paid US$10 000 after signing an agreement of sale with the company.
Investigations later revealed that Sunops Technical Consultancy was not the registered owner of the stand, resulting in actual prejudice of US$10 000 to the complainant.
The case continues on May 18.
