Surveyor fined US$150 for unlawful use

without permission.
Andrew Chifamba (42) risks going to jail for three months if he fails to pay the fine.
In addition, Chifamba was given a wholly suspended six-month jail term. Chifamba was jointly charged with the chairman of Hopley Housing Consortium, Waterfalls Manatsa Chinhengo (37), his vice Prince Tonyiwa (38) who were acquitted at the close of the State case because of insufficient evidence against them.
In their defence the two claimed that although they were caught on the crime scene together with Chifamba, they had nothing to do with the offence.
They were charged with unauthorised borrowing and pleaded not guilty to the charges when they appeared before Mbare magistrate Mr Brighton Pabwe.
They were represented by Mr Tawanda Chakabva of Kwenda and Associates who pleaded with the court not to send Chifamba to jail saying conviction was enough punishment as it would make it difficult for the surveyor to get a job. The complainant told the court that Chifamba had confessed that he connived with the pair and that they had paid him US$15 000 on top of a residential stand, during crosss-examination by their lawyer. He also said as a result of their actions he had lost US$35 000 cash and a contract valued at over US$100 000. He also said he caught them red handed on May 15 this year using the bulldozer in question in an area which had nothing to do with their contract.
The State proved that the complainant had an agreement with the trio, which required him to service roads for 405 stands for Hopley Phase Two only.
The complainant, the State says supplied his bulldozer which he said was to be used for the stands in Phase Two. Chifamba is said to have unlawfully used the bulldozer on a Sunday without the consent of the complainant and outside the agreed jurisdiction.