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Freeman Razemba Crime Reporter

A Harare businessman has written to Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi complaining against Mr Tendai Biti and alleging that he has been manufacturing fake documents and videos to twist the case in his favour in which the businessman is embroiled with another company, over a long Highlands property dispute.

The development comes after recently, the local businessman Tendai Mashamhanda also recently accused some judges of working in cahoots with lawyers to tarnish High Court judge Justice Tawanda Chitapi‘s image for presiding over a scheduled court hearing in which he gave a default judgment in favour of lawyer, Puwayi Chiutsi, who had sold a residential property to him for US$230 000.

Mr Mashamhanda wrote to Minister Ziyambi Ziyambi alleging that one senior judge was not only conflicted, but abused her office and obstructed the course of justice.

In the same letter, Mr Mashamhanda also cited other people involved in this case including Mr Biti.

The businessman has also approached the Constitutional Court alleging that his fundamental rights were infringed by the Supreme Court and Justice Gwaunza.

On the letter , Mr Mashanhanda alleged that Mr Biti was a corn artist in this matter as he was behind manufacturing and filing fake affidavits and documents.

“It might be a bitter pill to swallow by Tendai Biti and all concerned but the fact is that Tendai Biti is not Eliot Rodgers(one of his clients involved in the matter). He is a conman and fraudster, an international fraudster for that matter. He successfully conned Eliot Rogers, he conned Puwayi Chiutsi. He conned the High Court of Zimbabwe through filing fake affidavits.

“He conned Zimra and he conned the Deeds Registry. He is good at his game He also abuses employees for example Constantine Chaza was tricked to sign over 21 affidavits in the High Court using a fake Power of Attorney signed by a fake Eliot Rogers. Mr Biti is at it again abusing another employee

Ms Diana Kawenda to sign a false affidavit that there was no hearing of the main matter on 20th July 2021. She associated herself with a group of conspirators to frame a false case against a High Court Judge. Mr Biti is also a liar and a thief,” he said.

Mr Mashanhanda said on page 16 paragraph 49 of his complaint letter dated May 31, 2022 he had stated that Mr Biti was the architect of this very sad episode.

He said Mr Biti triggered the fraudulent attachment of Chiutsi’s house using a fake power of attorney with a clear intention to defraud Elliot Rodgers and at the same time fraudulently misrepresenting to Puwai Chiutsi that he was representing Eliot Rodgers.

“I wish to consolidate and tabulate Tendai Biti’s trail of fraudulent conduct. On 27 September 2015 a fake Eliot Rogers signed a fake Power of Attorney in favour of Constantine Chaza an employee of Tendai Biti law. Mr Biti used a fake Power of Attorney to attach Mr Puwayi Chiutsi’s property. He stole money paid by Mr Chiutsi and never accounted to Eliot Rogers. The fake Power Of Attorney was not signed before a notary public and doesn’t bear a notarial seal as required by Zimbabwean law. Forensic expert report at Zimbabwe republic police dated 27th January 2022.

“The report confirms the fake Power of Attorney was not signed by Eliot Rodgers. The signature on the fake power of attorney differs from Eliot Rogers standard authentic signature. Fake affidavit by a fake Eliot Rogers dated 16 March 2022 submitted in the Constitutional Court of Zimbabwe by Tendai Biti. Fake affidavit by a fake Eliot Rodgers submitted in the Magistrate Court by Tendai Biti,” he said.

Mr Mashanhanda added, “I shall comment briefly on this affidavit. Firstly Puwayi Chiutsi filed a High Court case application seeking cancellation of Bariade Investments Pvt Ltd title deeds fraudulently acquired by Tendai Biti. Eliot is cited as the third respondent, Mr Chiutsi applied to the High Court of Zimbabwe for a substituted service to enable the application to be served on Eliot Rogers in the U.K. Tendai Biti has nothing to do with this matter since he is a fraudster. Somehow he got the documents from his collaborators and filed an opposing affidavit. He demonstrate that he is in denial of the fact that he is not Eliot Rogers and has no authority whatsoever to represent Eliot Rogers.”

Mr Mashanhanda also said that Mr Biti had stated that the legal costs accumulated in countless court application are well in excess of US$500 000 whereas the total taxed costs according to Puwai Chiutsi are $47 655.38 which was paid in full.

“At item number 304, Tendai Biti faking to be Eliot Rogers states that he has not received a single cent from Tendai Biti because Chiutsi has not paid Tendai Biti. I enclose herewith copies of some of the payments paid by Chiutsi to Tendai Biti. Acknowledgement letter of payment dated 8/05/17 of $1 107.44. Pg 33, Deposit dated 15th of December 2022 of $10 000. Pg 34, Deposit dated 14/01/16 of $1 000. P35, Deposit dated 09/07/2020 of $60 000. P36, These are some copies of the deposit shown to me by Chiutsi. They demonstrate beyond reasonable doubt that Mr Biti is a liar. At page 38 of his fake affidavit he acknowledges receipt of two amounts that is US$14 000 on the 13th of October 2015 and US$115 000 at end of February 2019.

“This demonstrates that Mr Biti embezzled all the money paid to him by Chiutsi. Attached is a copy of a receipt of $270 000 RTGS issued by the Sheriff to Icreamorn Investments. P37, The Sheriff claims that Icreamorn Investments paid on behalf of Bariade investments. This is strange if the payment was for Bariade the receipt should have been in the name of Bariade Investments. The Sheriff account stamp is dated 25 October 2018. The receipt is in Rtgs. This is fraudulent because there were no Rtgs in Zimbabwe at the time the receipt was issued. This is a doctored document. We started using Rtgs in Zimbabwe in February 2019. The amount in figures is 270 000 RTGS in word its $27. it is not clear whether the amount in words or the amount in figures is the correct amount. But what is clear is that the amount was paid in Rtgs when there was no Rtgs. that means that the purported payment was made in 2019 after the introduction of the Rtgs payment system. At the bottom of the receipt its written $40 paid on 07/02/19. It demonstrates that the fake payment was made in 2019,” Mr Mashanhanda said.

He said furthermore Mr Biti claiming falsely to be Eliot Rogers does not acknowledge receipt of this amount.

He said the judgement of Justice Chitapi confirming validity of his title was in force from the 24th of December 2019 to 15 February 2022 and that the affidavit presented to the deeds registry by Tendai Biti was illegitimate and invalid.

“He knew on April 7, 2021 that the Supreme Court was going to cancel my title deeds on the 15th of February 2022. This demonstrates possible conievence between Tendai Biti and the Supreme Court Judges. I refer you to my letter dated 23 May 2022 to the registry of deeds and the response by the Ministry of Justice, Legal and Parliamentary affairs, Chief Registry of Deeds dated 02 June 2022. The Registrar understood my allegations of fraud against Tendai Biti. “Fraudulent Capital gains tax clearance certificate by Tendai Biti. On 20th March 2022 Mr Biti obtained a fraudulent capital gains tax. This was used to transfer title from Puwayi Chiutsi to Bariade Investments. This document was obtained fraudulently without the authority and knowledge of Puwayi Chiutsi,” he said.

He said furthermore Mr Biti misrepresented the value of the property as 270 000 RTGS yet the true value was US$270 000. There was no RTGS system operating in Zimbabwe in October 2018 therefore there is no payment by Bariade Investments in 2018.

“It is also noted that the receipt shows an amount in words of $270and as a result it is difficult to tell which RTGS amount was paid. He defrauded Zimra of a substantial amount. This is a fraudulent misrepresentation, furthermore, he caused the transfer to be done in favour of Bariade Investments knowing full well that Bariade Investments didn’t pay a single dollar for the property.

“This is fraudulent. If they claim they paid money to the Sheriff where did the money get to? The receipt by the Sheriff as already demonstrated is a cooked up document,” Mr Mashanhanda said the letter of complaint.

He also said Mr Tendai Biti once submitted in the Magistrate Court, two fake video recordings of a person being alleged to be Eliot Rogers in order to mislead the courts.