Online Reporter
Danisa Masuku, Court writer
CONVICTED Bulawayo Ward 1 Councillor Josiah Mutangi and his accomplice, Janet Zhou, have been thrown into distress after the community service assessors indicated that he is not suitable for community service.
They are now facing either a fine or a custodial sentence.
The pair were convicted on all 13 counts of fraud after duping desperate vendors out of US$200, promising to secure them vending bays.
The two offenders, through their lawyer Ms Constance Mathaba had pleaded not guilty to all counts, but at the end of the trial, Bulawayo Provincial magistrate Mr Richard Ramaboea found them guilty and convicted them. The magistrate postponed the sentencing to Wednesday.
In mitigation, their lawyer, Ms 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 said Mutangi is a first-time offender and is willing to restitute and has 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 are minors. She said the money they defrauded desperate vendor is of minimal value.
However, community service assessors said Mutangi is an important figure in society and holds authority; as such, no person will be able to supervise him. However, Ms Mathaba submitted that Mutangi is willing to perform community service, and the institution where he has been assigned is manned by police officers.
“Police officers wield authority, and they were trained to deal with people and are suitable to supervise him. The reasons that have been stated by the assessors are not backed by any evidence, which has been presented to this court,” she argued.
The prosecutor, Mr Milton Moyo, said the alleged fraud began in February this year when Mutangi and Zhou approached vendors in Bulawayo’s central business district.
One complainant, Chishamiso Chihota, was allegedly 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 allegedly 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.
