Former Nketa/Emganwini legislator Obert Manduna has been launched from custody after the Excessive Court docket in Bulawayo granted him bail of US$100 (approx. R1,800). The ruling comes because the ex-Residents Coalition for Change (CCC) politician appeals his conviction and two-year jail sentence for fraud.
The case, which has captivated the nation, centres on allegations that Manduna swindled an area girl out of 1000’s of {dollars} in a fraudulent property deal. His launch indicators a brand new chapter within the ongoing authorized saga.
Obert Manduna Granted Bail In Excessive Court docket Fraud Case
Manduna’s authorized consultant, Mr Tanaka Mungayi of Tanaka Regulation Chambers, has launched a vigorous enchantment towards the Justice of the Peace’s court docket verdict. The core of their argument is that the matter ought to by no means have been handled as a prison prosecution.
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Mr Mungayi contends that the decrease court docket made a major error in its judgment. He acknowledged,
“The enchantment is based on the idea that it is a purely civil matter with no prison ingredient in any way. The realized Justice of the Peace erred by imposing a custodial sentence of 24 months, which ought to have attracted an possibility of a fantastic or group service.”
This defence challenges the very nature of the costs that led to Manduna’s arrest at his Ascot residence final 12 months by the Zimbabwe Anti-Corruption Fee (Zacc).
The Particulars of the Alleged Fraud
In keeping with the proof offered in court docket, the scandal unfolded between October 2020 and February 2022. Manduna, a former MP, is accused of utilizing a falsified energy of lawyer to persuade Ms Sithulisiwe Sibanda that he had the authority to promote her a residential stand, numbered 7278 in Cowdray Park, for US$6,500 (approx. R117,000).
Unbeknownst to Ms Sibanda, the stand had reportedly been repossessed by the Bulawayo Metropolis Council, rendering any sale void. After paying Manduna a sum of US$5,900 (approx. R106,200) for the property, she grew suspicious of the transaction and alerted the authorities, resulting in his arrest and subsequent trial.
Regardless of pleading not responsible, Manduna was convicted by Bulawayo provincial Justice of the Peace Mr Richard Ramaboea. His unique 54-month sentence was partially suspended, conditional on his reimbursing the complainant.
Second Accuser Withdraws Costs
In a associated improvement, the case has taken one other shocking flip. A South Africa-based businessman, Mr Farai Kwenda, who had beforehand accused Manduna of defrauding him in the same method, has formally withdrawn his costs.
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This withdrawal occurred after Manduna totally restituted Mr Kwenda. Confirming the event, Mr Kwenda filed an affidavit on the Bulawayo magistrates’ court docket to formally drop the allegations.
Throughout his preliminary mitigation plea, Manduna appealed for mercy from the court docket, emphasising his position as the first breadwinner for his household. His launch on bail pending enchantment now permits him to proceed combating his conviction from exterior a jail cell.
