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Mutangi in failed bid to scrap fraud charges
2 hrs ago |
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Bulawayo Ward 1 Councillor Josiah Mutangi is facing continued legal scrutiny after Provincial Magistrate Richard Ramaboea rejected his application to have several of his 14 fraud charges dismissed.
Mutangi and co-accused Janet Zhou are alleged to have defrauded 14 city vendors, each to the tune of US$200, by promising to expedite the allocation of vending bays in the city centre. The money was reportedly collected through an association called Bulawayo City Achievers, which Mutangi founded and currently leads as president.
During the hearing, the duo, represented by Constance Mathaba of Makiye Law Chambers, sought discharge on four counts, arguing that the State had failed to summon key complainants. Magistrate Ramaboea dismissed the application, ruling that prima facie evidence had been established and that the accused had a case to answer.
Mutangi defended himself in court, insisting that vendors voluntarily paid a "joining and processing fee" after the city council announced that vending bays would be allocated only to traders affiliated with associations.
"Our association works hand in hand with council to support informal traders," Mutangi said.
"The problem arose when some vendors refused bays at Bhakthas, insisting on Fifth Avenue. They later cried fraud when their wishes weren't met."
However, prosecutor Brenda Nyoni challenged the defence, describing the receipts produced by Mutangi as suspicious, since the original receipt book could not be produced. Nyoni also noted that a video recording of a meeting with Mutangi had been submitted by witnesses and remained unchallenged.
Zhou maintained that the charges were malicious and politically motivated, asserting that she only referred vendors to the association offices and did not handle any money.
"The complainants know where their money went," Zhou said.
"After one of them got a bay at Bhakthas, she convinced the rest to reject it - that's when they ran to the police."
The case is set to continue as the court considers further evidence from both the prosecution and defence.
Mutangi and co-accused Janet Zhou are alleged to have defrauded 14 city vendors, each to the tune of US$200, by promising to expedite the allocation of vending bays in the city centre. The money was reportedly collected through an association called Bulawayo City Achievers, which Mutangi founded and currently leads as president.
During the hearing, the duo, represented by Constance Mathaba of Makiye Law Chambers, sought discharge on four counts, arguing that the State had failed to summon key complainants. Magistrate Ramaboea dismissed the application, ruling that prima facie evidence had been established and that the accused had a case to answer.
Mutangi defended himself in court, insisting that vendors voluntarily paid a "joining and processing fee" after the city council announced that vending bays would be allocated only to traders affiliated with associations.
"Our association works hand in hand with council to support informal traders," Mutangi said.
"The problem arose when some vendors refused bays at Bhakthas, insisting on Fifth Avenue. They later cried fraud when their wishes weren't met."
However, prosecutor Brenda Nyoni challenged the defence, describing the receipts produced by Mutangi as suspicious, since the original receipt book could not be produced. Nyoni also noted that a video recording of a meeting with Mutangi had been submitted by witnesses and remained unchallenged.
Zhou maintained that the charges were malicious and politically motivated, asserting that she only referred vendors to the association offices and did not handle any money.
"The complainants know where their money went," Zhou said.
"After one of them got a bay at Bhakthas, she convinced the rest to reject it - that's when they ran to the police."
The case is set to continue as the court considers further evidence from both the prosecution and defence.
Source - the herald
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