Mutare — A 40-year-old Mutare man who defrauded R65 000 and US$20 from a South African based woman by selling her a non-existent residential stand will serve 20 months in prison after Magistrate Prisca Manhibi found him guilty of fraud.
Tinashe Usavi of number 8189 Natview Park was convicted on his own plea when he appeared before Mutare magistrates court.
It is the state's case that Usavi through his two agents Viola Duru and Gift Chinongwa sold Patience Mwaramba (35) of 237 Devonshire, a Sakubva stand number 8324 Natview Park which he misrepresented as his own property.
The stand originally belonged to Godwin Dambudzo.
Usavi was charged with contravening Section 136 of the Criminal Law (Codification and Reform) Act chapter 09:23 which criminalise acts of fraud.
Magistrate Manhibi suspended four months for five years on condition of good behavior.
Eighty months were also suspended on condition that Usavi restitutes the complainant of her R65 000 plus US$20.
He will save eighty months effective jail sentence.
According to state papers , on July 20 2017, Mwaramba who came from South Africa informed her mother in-law Suwiri Chataika of her intention to buy a residential stand in Mutare.
Suwiri took Mwaramba to her aunt Joyce Chimwanza who engaged Duru knowing that she had some connections to people who sell residential stands.
Duru confirmed that she knew someone by the name Tinashe Usavi who was selling a residential stand in Natview Park.
Duru took Mwaramba to Chinongwa who directed her to the stand upon which the complainant showed interest.
Mwaramba paid a deposit of 20 000 South African Rands which she handed to Chinongwa for onward submission to Usavi.
On September 25 2017, Mwaramba made a further payment of R45 000 to Chinongwa who handed over the money to Usavi.
In July last year, Mwaramba returned from South Africa with the intention of developing her stand.
She visited her stand only to discover that someone was developing it, forcing her to approach Duru who failed to give a satisfactory answer on why someone was developing the stand.
She reported the matter to the police leading to the arrest of the three.
Investigations made from Destiny of Africa National Housing cooperative indicated that the stand belonged to Dambudzo.
Duru and Chinongwa were acquitted.
Matthew Chimutunga prosecuted.