No jail for councillor who fleeced vendors: US$200 restitution for 13 victims

Danisa Masuku, Court Writer

WARD 1 Councillor Josiah Mutangi and his accomplice, Janet Zhou, made a U-turn and promised to pay restitution to 13 desperate vendors they had each defrauded of US$200, forcing the court to sentence them to a combined 910 hours of community service. 

The pair appeared on Wednesday for sentencing before Bulawayo Provincial magistrate, Mr Richard Ramaboea. 

He sentenced them to 40 months in jail.  Two months were suspended per count for each offender, on condition that Mutangi and his co-accused restitute each offender starting from December 31, 2025 until February 27, next year.  The remaining 14 months were suspended on condition that Zhou performs 420 hours of community service at Cowdray Park police Station, while Mutangi will have to perform 490 hours of community service at Bulawayo Central Police Station.

In sentencing the pair, Mr Ramaboea considered that the pair were first-time offenders and were willing to restitute all the vendors of US$200 they defrauded. He also said they are not a danger to society.

In mitigation, their lawyer, Ms Constance Mathaba, told the court that Zhou has no previous conviction and said she is a woman and should be treated with leniency. Ms Mathaba told the court that Zhou is contrite and willing to restitute the complainants.  She further said Zhou has no risk of committing another crime, as this has been the first brush with the law. Ms Mathaba stated that Zhou played a minor role in the offences.  She also said Mutangi is a first-time offender and is willing to restitute, having learnt a lesson. 

“His reputation has been ruined because he has been widely covered in the newspapers and this has caused substantial embarrassment. He is a well-known figure and will avoid committing a crime in the future to avoid further humiliation,” she said.

Ms Mathaba told the court that Mutangi is 58 years old and is a married man with six children, three of them minors. She said the money they defrauded a desperate vendor is of minimal value.

In aggravation, the State represented by Mr Milton Moyo had prayed for a lengthy sentence and said: “The offenders solicited US$200 from 13 vendors and promised to secure them vending bays.  The offenders knew they had no vending bays. Some of the vendors had to borrow money and gave it to Mutangi and Zhou. Those who borrowed were left in debt.”

Mr Moyo told the court that the total money lost is US$2,600, and nothing was recovered.

He submitted that Mutangi is a councillor who used his position to induce trust and breached the trust they had in Mutangi. The state said the pair deceived the desperate vendors and lied to them.

“Testifying in court, one of the vendors told the court that she suffered a stroke after learning that she had been duped. While the other vendor told the court that the fraud left her marriage fractured and her relationship with her children had been strained,” said Moyo.

“The State suggests that the court impose a substantive sentence custodial term that properly reflects the cumulative nature of the offending and aggravating features.”

The prosecutor said the fraud began in February this year when Mutangi and Zhou approached vendors in Bulawayo’s central business district.

One complainant, Chishamiso Chihota, was asked to pay US$200 to secure a vending bay. After making the payment, she and others were repeatedly told that allocations were being processed, only for the accused to later become evasive.

“After receiving the money, the accused persons would call for meetings and tell Chihota and her fellow vending bay seekers that they were processing the allocation of bays. After that, they became evasive,” read court papers.

The same tactic was used on several other vendors, including Editor Hora and Priscilla Musingofa, who each paid US$200 after being promised vending bays.

Other victims — Tatenda Mogoniwa (US$400), Pedzisai Nyamasoka, Zodwa Mhungu, Maria Takawira, Tymon Mpofu, Marygold Nkomo, Dambudzo Muvhuniwa, Thembalenkosi Ndlovu, Dianah Mucheki and the late Noma Mpala — also allegedly fell prey to the scheme, each parting with US$200.

The victims eventually teamed up and reported the matter, leading to the arrest of Mutangi and Zhou.