Zimondi, 3 accused apply for refusal of further remand

have made an application for refusal of further remand.
Z

imondi (56) is jointly charged with twins, Jackson and Jack Makate (29) and Blessing July (26). The quartet through their lawyers argued that their case was civil.
Zimondi is being represented by Mr David Chikumba, while Mr Tendai Hangazha is representing the other three.

Mr Chikumba submitted that the transactions handled by his client (Zimondi) did not constitute any offence.
He also argued that Zimondi and the complainant (Muboko Zvitei) entered into a business agreement, in which the accused was the guarantor and would pay back the capital injected by the complainant should the venture not become viable.

“It is therefore submitted that this case be treated as a civil matter . . . It is reasonable to aver that the partnership was duped of the capital, the complainant and the accused persons suffered prejudice due to the fraud they faced.

“The accused persons because of the contract they entered into are obligated to pay back the full amount that the complainant injected. The complainant has recourse in the civil courts of Zimbabwe if the partners do not honour up their obligations,” he said.

Mr Chikumba further said, “. . . applicant (Zimondi) could not have entered into the agreement as a guarantor if he had the intention of defrauding the complainant. His conduct was bonafide, he actually put his property on the line as it could be attached in the event the venture failed.”

On the other hand Mr Hangazha argued: “There is nothing criminal about this matter. If indeed complainant deposited the money, then it is clear that she did not give the accused persons any money. She acted on her own even after getting advice to stop the payment.

“. . . There is no evidence or proof of such a deposit and account details all the State has is a naked case of fraud.”
The State led by Ms Svodai Kadivirire opposed the application arguing that there was reasonable suspicion that they committed the offence.

In opposing the application, Ms Kadivirire led evidence from Detective Assistant Inspector Blessing Mandizha.
Det Ass Insp Mandizha said that it was not a business deal and the agreement contained a lot of irregularities.

“There is no business deal whereby one part finances everything and in this case accused persons did not invest a single cent in the project. It is not true that the accused persons did not have money when they asked complainant to finance the project since their bank statements in my possession indicate they had money at that material time,” he said.
Magistrate Mr Donald Ndirowei is expected to make the ruling today.
Ms Kadivirire alleges that on March 18 this year, Zimondi, July, Jackson and Jack Makate misrepresented to Zvitei that they had formed a company called Mutoko Gold Mine, which required 50 electro plated discs.

Zvitei was allegedly made to believe that the discs were to be supplied by a South African company at a cost of R4 700 per disc and in return would be sold to the mining firm at US$1 780 per disc.
It is the State’s case that Zimondi convinced Zvitei that he had applied for a loan to fund the deal and told her that the process was taking too long at the bank. Zimondi, the court heard, told Zvitei to finance the deal on condition they would share the profits equally.
Zimondi then introduced Jack, Jackson and July to Zvitei and the four assured her that the deal was above board, it is alleged. Ms Kadivirire alleged that Jackson proposed to go to South Africa to meet the suppliers of the discs but Zvitei insisted that a memorandum of agreement be entered into between her and the trio.
Zimondi allegedly acted as the guarantor. The unsuspecting Zvitei transferred R235 000 from her account into a South African ABSA Bank account, says the State.
It is the State’s case that Jackson brought the discs from SA and Zvitei discovered that they were of no value and that the mine was non-existent. She then went to SA in a bid to obtain a refund only to find out that the addresses of suppliers she had been given were fake. She made a police report and the four were arrested on June 16 this year.