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Prosper Dembedza

Court Correspondent

Harare magistrate Mrs Judith Taruvinga has postponed to October 20, the matter of two Chitungwiza men who allegedly defrauded an unsuspecting home-seeker of US$32 000 by using fake identity cards to sell a Mandara stand they did not own.

The home-seeker only found out that he did not own the stand when a neighbour noticed him delivering building material and siting a borehole.

After paying, the home-seeker took a group photograph with the suspects which helped the police to track them down.

Emmerson Chigonyati (46) who was denied bail and Enoss Gwangwadza (23) who is out on $5 000 bail are facing fraud charges.

It is alleged that sometime in June this year, the two hatched a plan with two others to defraud home-seekers and they flighted an advert in The Herald offering the Mandara stand for sale.

The court heard that the complainant’s wife phoned and spoke to someone who misrepresented himself as Jupiter Charles Punungwe and gave her directions to the stand and she viewed it and developed interest.

It is the State’s case that the two parties agreed on a purchase price of US$35 000.

The accused allegedly misrepresented that they lived in Chivhu and on August 8, they invited the complainant and his wife there to make the payment.

The court heard that Chigonyati misrepresented to the complainant that he was Punungwe, the owner of the stand, and produced a metal identification card bearing that name.

It is alleged that Gwangwadza identified himself as Sam Mugari, nephew to Chigonyati and produced a plastic identity card bearing that name.

The accused allegedly went on to produce a fraudulent deed of transfer number 0008695/2001 in the name of Punungwe and made the complainant believe that he was buying a real stand.

The court heard that the complainant paid US$32 000 to Chigonyati, resulting in the signing of the memorandum of agreement of sale.

After the payment, the complainant requested for a group photo to be taken in the company of the accused persons which he took using his mobile phone.

The court heard that on August 10 and 11 the complainant made some deliveries of building materials to the stand and also invited a surveyor to find a site to drill a borehole.

At that juncture, the complainant was approached by a neighbour who informed him that the owner of the stand was residing in South Africa and the stand was not for sale.

It is alleged that the complainant tried to call the accused persons to no avail, prompting him to report the matter to the police. With the group photo he was able to supply pictures of the two accused persons which led to their arrest.

The court heard that Chigonyati was arrested at Chikwanha Shopping Centre in Chitungwiza while driving an unregistered Toyota Corolla, which is suspected to have been bought from the proceeds of the crime.

The motor vehicle was searched and some identity cards belonging to different people and several cellphone Sim cards believed to be used to call victims, were recovered.