Serial fraudster ordered to pay US$215,000 debt

HIGH Court judge Siyabona Musithu has ordered suspected con-artist Tawanda Denford Bondamakara to pay back US$215,000 in debt he incurred after he allegedly sold a non-existent piece of land to one Rumbidzai Bushu in 2021.

Bondamakara, who has several pending fraud cases, was refusing to pay the money insisting that he does not owe Bushu a single penny.

He also told court that he signed a debt acknowledgement under duress after he was threatened with criminal prosecution by Bushu.

Bushu's claim arose from an acknowledgment of debt signed by Bondamakara on 7 May 2021.

In terms of that acknowledgement of debt, Bondamakara admitted owing Bushu a sum of US$215,000 together with interest at the rate of 5% per month from 1 May 2021.

Further, in terms of the said acknowledgment of debt, the court heard Bondamakra undertook to clear the debt through monthly instalments of US$20,000 commencing on 31 May 2021.

"    The defendant also undertook to hypothecate a piece of land measuring 5,000 square metres held under parent deed 3413/73, upon finalisation of the relevant paperwork by his legal practitioners, Zuze Law Chambers,"     reads court documents.

According to Bushu, Bondamakara defaulted in making such payments after he only paid an amount of US$12,000 leaving an outstanding balance of US$203,000 which amount remained due and payable despite demand.

It was on that basis that Bushu approached the court under a provisional sentence summons.

Bondamakara submitted that the claim based on the acknowledgment of debt was incompetent because it was secured through duress.

He signed the document out of fear of losing his liberty, he argued.

Attached to the opposing affidavit were two charge sheets and an outline of the State case, containing two counts of fraud against the defendant as the accused person.

The allegations were that the defendant had made some representations to Bushu that he was selling some vacant industrial stands, which turned out to be false thereby causing financial prejudice to the plaintiff.

Bondamakara also alleged that despite signing the acknowledgment of debt, he was still arrested in September 2021 after refusing to pay the acknowledged amount.

He claimed to have been released on bail under CRB No. 8627/21.

He was removed from further remand on 11 January 2024, and the criminal matter remained pending.

Bondamakra also averred that the amounts claimed in the acknowledgment of debt were different from the amounts that the plaintiff claimed to have lost when she made her criminal complaint.

He further expressed his intention to file a counterclaim seeking the setting aside of the acknowledgment of debt which he claimed was a nullity.

While admitting making a criminal complaint to the Police Anti-Corruption Unit, the plaintiff averred that the defendant was interviewed by the police on the allegations some months before he signed the acknowledgment of debt.

The plaintiff further argued that if at all any threats of arrest and prosecution were made, such threats would not amount to duress because they were premised on lawful processes. Such lawful processes were undertaken by independent functionaries who acted in terms of the law.

The court ruled in favour of Bushu ruling that there was nothing put before the court to prove that Bondamakra was coerced to sign the acknowledgement of debt documents.

"    When the present claim was made, the defendant was just content with responding to the claim.

"    He did not consider it necessary to challenge the acknowledgment of debt that left him saddled with such a huge financial burden.

"    It is for the foregoing reasons that the court determines that the plaintiff's claim is unassailable and must succeed.

"    The defendant's story is scarcely credible and highly implausible.,"     Musithu ruled.

He ordered Bondamakara to pay US$203,000 in local currency at the prevailing interbank rate on the date of payment including interests and costs of suit.