RELIEF FOR ESTATE AGENT AS HIGH COURT SQUASHES CONVICTION AND SENTENCE

Zvikomborero Parafini

THE High Court has cleared top real estate agent, Pauline Muzhewe, who was wrongly convicted of theft of trust property.

She was being accused of failing to surrender US$3,750 in commission to her principal after successfully negotiating for the sale of a property.

She was convicted and sentenced to 12 months imprisonment by a Harare magistrate.

The court suspended six months on condition of good behaviour.

The remaining six months were set aside on condition of restitution.

This was all quashed by High Court Judges Pisirayi Kwenda and Davison Foroma after Muzhewe, represented by Stephen Chikotora of Rubaya and Chatambudza Legal Practitioners, took the matter up for appeal and the prosecution conceded her conviction was irregular.

She is now free with no criminal record.

Muzhewe was a property sales negotiator with Re/Max Advisory.

Her job was to facilitate transactions between buyers and sellers on behalf of the agency and she would earn a commission upon successfully concluding sales.

The court heard that in August 2024, Muzhewe negotiated a successful property sale while representing Re/Max Advisory.

The transaction involved collaboration with Dandeal Properties, another registered estate agency, represented by one James Chihuri, the agency’s principal agent.

It is said a total commission of US$ 7 500 was paid, which was to be shared equally between the two agencies.

Chihuri received the money and handed US$ 3,750 to Muzhewe, who was expected to remit the full amount to Re/Max Advisory.

In turn, Re/Max Advisory would process her share of the commission as per the standard procedure.

It was, however, alleged that instead of delivering the funds to her employer, she converted the money to her own use and then resigned from Re/Max Advisory, without disclosing the transaction.

The alleged misconduct was discovered during a routine review of her office records after her resignation.

The case was reported to the Estate Agents Council (EAC), the regulatory authority overseeing real estate agencies in Zimbabwe and, following advice from the council’s compliance officer Stanford Madzora, the matter was reported to the police leading to her arrest.

Now, Muzhewe has been cleared of any wrongdoing by the High Court.