Online Reporter
Danisa Masuku, Court Writer
A PROMINENT Bulawayo lawyer has appeared in court facing a charge of theft of trust property after allegedly swindling Foojip Investments (Pvt) Ltd of US$26 000 in a land transaction.
Zibusiso Ncube appeared before Bulawayo Regional Magistrate Mr Shingi Mutero. The matter had been set down for trial, but his legal practitioner, Advocate Welshman Ncube, applied for a postponement to 23 January, citing another commitment at the Bulawayo High Court. The magistrate granted the application and remanded the accused out of custody on bail.
The State, represented by Ms Nomthandazo Mafu, alleged that Ncube, a senior partner at Ncube and Legal Practitioners, came across an advertisement on social media offering a piece of land for sale and approached Foojip Investments (Pvt) Ltd, where he met the company’s director, Ms Debra Anne Montocchio.
“The accused approached the estate agent and offered to purchase the property on behalf of his clients, Qoki Zindlovukazi Investments (Pvt) Ltd, on condition that he would handle the conveyancing himself,” said Ms Mafu.
She told the court that representatives of Qoki Zindlovukazi Investments (Pvt) Ltd were later introduced and negotiated a purchase price of US$26 000 with the complainant, after which an agreement of sale was signed.
Ms Montocchio allegedly handed over US$26 000 to Ncube, who signed an acknowledgement of receipt under receipt number 2031, bearing his law firm’s logo. The State alleges that Ncube subsequently converted the money to his personal use.
Ms Mafu said repeated efforts by the complainant and officials from the Zimbabwe Revenue Authority (Zimra) to recover the funds were unsuccessful, as the accused allegedly became evasive.
“The complainant and Zimra officials made several attempts to recover the funds, but the accused continued to give false promises and misleading statements via phone calls and emails. This prompted the complainant to report the matter to the police, leading to the accused’s arrest,” she said.
The matter resumes on 23 January.
