Prosper Dembedza Court Correspondent
THE State yesterday told the court that an application by a legal clerk with Tendai Biti Law Chambers for referral to the Constitutional Court of his case involving two counts of fraud is frivolous and vexatious.
Mrs Shambadzeni Fungura stated that Constantine Chaza’s application lacks merit and reasonable grounds for the matter to be referred to the Apex Court.
“The application is frivolous and vexatious since it is emanating on fake documents and falsehoods,” she said.
In his application, Chaza argues that certain rights of his were infringed.
On the first count, it is alleged that on February 26, 2020 at the High Court in Harare, Chaza tendered a fake special power of attorney from Eliot Rogers in the matter in which the complainant, Tendai Mashamhanda, was the other party. The court acted upon the misrepresentation and allowed Chaza to file the papers.
The matter came to light when Mashamhanda managed to contact Rogers in the United Kingdom who denied giving Chaza any power of attorney and the matter was reported to the police.
The special power of attorney tendered by Chaza was checked out by the CID Forensic Laboratory for analysis together with other documents that Eliot Rogers signed and it was allegedly discovered that the documents were not signed by the same person.
On the second count, it is alleged that on October 18 2021 at the High Court in Harare, Chaza again allegedly tendered a fake special power of attorney from Rogers in another case.
It is alleged that the matter came to light when the complainant, Piwayi Chiutsi, noted that the signature on the special power of attorney dated September 27 2015 was different from the signature by Rogers on an affidavit done on October 7 2014 and a report was made to the police.
Investigations revealed that the two signatures were not authored by the same person. Chaza is on $5 000 bail on another matter involving perjury charges after allegedly filing a false statement under oath at the High Court.