SA national aquitted in failed US$17 000 grocery supply deal

BULAWAYO magistrate Mr Mark Dzira has acquitted the South African national, Johnny Herman Saaiman, who was accused of defrauding three companies of US$17 000 in a failed grocery supply deal.

Mr Dzira dismissed the case after the State failed to provide substantial evidence against Saaiman in court.

Saaiman was accused of defrauding Fazak Home and Hyper, Fortwell wholesalers and Lobels Biscuits in Bulawayo.

Saaiman who was represented by Mr Tawanda Tavengwa, of Mutuso Taruvinga and Mhiribidi Attorneys, argued that the case stemmed from a contractual misunderstanding, where a delay in the delivery of goods was mistakenly interpreted as fraud.

Mr Dzira, in passing his judgment, said the State had erred in its investigations, where, instead of citing Saaiman’s company, JNS Dynamics, as a respondent only cited Saaiman.

“The contract was between JNS Dynamics, owned by the accused and was a verbal agreement, which the complainants all agreed to. The State, therefore, failed to prove its case, whereas it was supposed to cite the accused’s company, as it is the one that was supposed to deliver the goods and not the accused,” he said.

“Therefore, the State failed to establish a criminal case, making it a civil matter,” said Mr Dzira.

He said the court failed to find essential evidence to prove its case, and the matter was to be settled contractually in a civil court.

“Criminal law has never applied to contractual matters. In this matter, all the complainants are companies. The matter, therefore, is a civil case. It remains a mystery why the accused person, in his capacity, was arrested,” said Mr Dzira, before discharging Saaiman.

Mr Acumen Khupe represented the State.