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Ex-CCC MP freed on bail pending appeal
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Former Citizens Coalition for Change (CCC) legislator Obert Manduna has been released on US$100 bail by the High Court in Bulawayo, pending his appeal against both conviction and sentence.
Manduna, who represented Nketa/Emganwini constituency, was earlier handed an effective two-year jail term after being found guilty of defrauding a Bulawayo woman of US$5,900 in a botched residential stand deal.
He was initially sentenced to 54 months in prison by Bulawayo provincial magistrate Richard Ramaboea, but part of the sentence was suspended. Six months were set aside on condition of good behaviour, while 24 months were suspended on condition that he restitutes the complainant, Ms Sithulisiwe Sibanda.
Through his lawyer, Mr Tanaka Mungayi of Tanaka Law Chambers, Manduna is challenging the ruling, arguing that the dispute was civil in nature and lacked a criminal element. He further contends that the custodial sentence was excessive and that the court should have considered a fine or community service.
According to court records, Manduna allegedly used a fake power of attorney between October 2020 and February 2022 to convince Ms Sibanda that he was authorised to sell Stand 7278 in Cowdray Park for US$6,500. The property, however, had reportedly been repossessed by the Bulawayo City Council.
Ms Sibanda, who had already paid US$5,900 towards the stand, became suspicious and reported the matter, leading to Manduna's arrest at his Ascot residence in Kenilworth Towers by the Zimbabwe Anti-Corruption Commission (ZACC).
During mitigation, the former MP pleaded for leniency, telling the court he was a breadwinner responsible for the upkeep of his family.
Meanwhile, in a separate case, South Africa-based businessman Farai Kwenda-who had accused Manduna of defrauding him in a similar property deal-has since withdrawn his complaint after being fully restituted. He has filed an affidavit confirming the withdrawal at the Bulawayo Magistrates' Court.
Manduna, who represented Nketa/Emganwini constituency, was earlier handed an effective two-year jail term after being found guilty of defrauding a Bulawayo woman of US$5,900 in a botched residential stand deal.
He was initially sentenced to 54 months in prison by Bulawayo provincial magistrate Richard Ramaboea, but part of the sentence was suspended. Six months were set aside on condition of good behaviour, while 24 months were suspended on condition that he restitutes the complainant, Ms Sithulisiwe Sibanda.
Through his lawyer, Mr Tanaka Mungayi of Tanaka Law Chambers, Manduna is challenging the ruling, arguing that the dispute was civil in nature and lacked a criminal element. He further contends that the custodial sentence was excessive and that the court should have considered a fine or community service.
According to court records, Manduna allegedly used a fake power of attorney between October 2020 and February 2022 to convince Ms Sibanda that he was authorised to sell Stand 7278 in Cowdray Park for US$6,500. The property, however, had reportedly been repossessed by the Bulawayo City Council.
Ms Sibanda, who had already paid US$5,900 towards the stand, became suspicious and reported the matter, leading to Manduna's arrest at his Ascot residence in Kenilworth Towers by the Zimbabwe Anti-Corruption Commission (ZACC).
During mitigation, the former MP pleaded for leniency, telling the court he was a breadwinner responsible for the upkeep of his family.
Meanwhile, in a separate case, South Africa-based businessman Farai Kwenda-who had accused Manduna of defrauding him in a similar property deal-has since withdrawn his complaint after being fully restituted. He has filed an affidavit confirming the withdrawal at the Bulawayo Magistrates' Court.
Source - The Chronicle
