Online Reporter
Danisa Masuku [email protected]
A SERIAL fraudster who duped a prospective home buyer out of US$5 000 through the sale of a non-existent residential stand in Bulawayo’s Nkulumane suburb has been convicted and ordered to pay a US$1 000 fine and restitute the full US$5 000.
On Friday, Bulawayo regional magistrate, Ms Patience Ururu, convicted Elliot Mharadze and sentenced him to pay the fine and to repay the complainant US$5 000 on or before 30 August.
The court warned that failure to pay the restitution by 30 August will result in the execution of his company assets equivalent to US$5 000.
In delivering the sentence, Ms Ururu said Mharadze had sold a non-existent stand and the complainant suffered prejudice.
“The investigating police officer from the Commercial Crimes Division (CCD) went to enquire about the stand at Bulawayo City Council and the city council authorities confirmed that there was no such residential stand at the site.
“In his own admission, he told the court that there was no documentary evidence to prove that he owned such a stand and processed receipts. He benefitted from the crime as he squandered the US$5 000 meant to buy the stand,” she said.
In mitigation, a remorseful Mharadze apologised to the complainant.
“I’m really sorry for what I did on behalf of my company. I plead with the court to be lenient because my company is not doing well,” he said.
In aggravation, prosecutor Ms Concilia Ncube argued that fraud is a serious and prevalent crime.
“Fraud is a serious crime that is prevalent in the country and deterrent punishment should be effected so as to deter would-be offenders,” said Ms Ncube.
She further submitted that the offence occurred sometime in 2019. The complainant tried to engage him for reimbursement, but he was evasive.
“He is not an honest person and did not want to reimburse the complainant regardless of strenuous efforts to engage him.
“Moreover, the owner suffered financial loss and the fraud emotionally drained her as she had planned to buy a residential stand and build her house but could not do so,” she said.
Mharadze had been jointly charged with Claudious Manamela, who was acquitted at the close of the State case after the State failed to prove its case. The court noted that the complainant dealt exclusively with Mharadze. According to the State, Mharadze represented that he was selling a 200-square-metre residential stand in Nkulumane for US$5 000.
“The complainant and Mharadze entered into an agreement of sale on 10 October 2019. Mharadze executed an affidavit confirming the sale, while Cornelius Edwards prepared the agreement of sale,” Ms Ncube told the court.
The complainant allegedly paid a deposit of US$3 500 and was issued with an acknowledgement of receipt. After raising the outstanding US$1 500, she paid the balance to Mharadze, who then handed her receipts, which he claimed had been issued by Manamela, from whom he purportedly purchased the stand.
The court heard that Mharadze later accompanied the complainant to Manamela’s offices for the transfer of ownership. However, the transfer was never effected.
The complainant later discovered that the residential stand did not exist and reported the matter to police.
Investigations by detectives from the Commercial Crimes Division (CCD) in Bulawayo established that there was no official record of the stand Mharadze had purported to be selling in Nkulumane. The complainant is alleged to have suffered actual prejudice amounting to US$5 000 and no recoveries have been made.
