adminBheka Mjubeki Hlabangani (65), the director of Mehlo Construction Consultancy, pleaded not guilty to theft but was convicted by former Bulawayo provincial magistrate Mrs Rosemary Dube.
Mrs Dube, who is now based at the Hwange magistrates’ courts and is in Bulawayo to finish her partly heard cases, suspended two years on condition that he pays restitution of $12 500 to the complainant by 30 June this year.
Hlabangani, through his lawyer Mr Mlamuli Ncube, of Cheda and Partners, had implored the court to consider a non-custodial punishment, saying he was in a position to restitute the complainant.
Hlabangani was sent for community service assessment and the community service office certified him as a good candidate for community service but he thought he could sway the court’s thinking by stating that he is a businessman and could pay for his freedom.
His slip of the tongue has now earned him 12 months in prison.
Mr Jeremiah Mutsindikwa, prosecuting, told the court that sometime in 2001, Mr David Chinyenye’s mother died and the family resolved that her house in Old Pumula be sold and the proceeds shared by her three children.
Mr Chinyenye then approached Hlabangani’s company and asked him to look for a buyer for the Old Pumula house.
On 20 January 2005, Hlabangani got a buyer, Siphephisiwe Jahwaya, and an agreement of sale was drafted and signed.
The purchaser paid a deposit of ZW$32 million and cleared the balance in three months.
Hlabangani received a total of ZW$54 million, which the State proved he converted to his own use.
Estate agents engaged to evaluate the house put the price at $12 500 at the market value.
Online Reporter