Zanu-PF councillor Mutangi found guilty of defrauding vendors

Bulawayo Ward Councillor Josiah Mutangi and his alleged accomplice, Janet Zhou, were found guilty of defrauding vendors after promising to secure them vending bays in the city. The judgment was delivered yesterday at the Bulawayo Magistrate Court by Provincial Magistrate Richard Ramaboea, who presided over the case.

The duo faced 13 counts of fraud after allegedly soliciting US$200 from each vendor under the guise of allocating formal vending spaces, part of a scheme that targeted desperate traders seeking protection from municipal police enforcement.

"Why would a vendor part with US$200 to be part of an association? This means they were promised vending bays so that they have places to sell their goods in a formal place and stop fleeing from municipal police officers. Mutangi and Zhou connived and defrauded desperate vendors of their hard-earned cash," Magistrate Ramaboea said during his judgment.

The magistrate dismissed the defence presented by Mutangi and Zhou, which included receipt books and the constitution of their purported association, "Bulawayo Achievers Association," as an attempt to legitimize their actions. "That's a desperate and calculated, and well-oiled strategy to evade crime. After the matter was reported to the police, you came up with a strategy to claim that all the 13 complainants were members of your association," he said.

Magistrate Ramaboea also rejected claims that the vendors were influenced by political rivals or that Mutangi had never met the complainants, describing such assertions as false.

The alleged fraud began in February when Mutangi and Zhou approached vendors in Bulawayo's central business district, requesting payments of US$200 each in exchange for guaranteed vending bays. Among the victims were Chishamiso Chihota, Editor Hora, Priscilla Musingofa, Tatenda Mogoniwa, Pedzisai Nyamasoka, Zodwa Mhungu, Maria Takawira, Tymon Mpofu, Marygold Nkomo, Dambudzo Muvhuniwa, Thembalenkosi Ndlovu, Dianah Mucheki, and the late Noma Mpala. One complainant reportedly paid US$400 due to multiple promises.

Prosecutor Brenda Nyoni told the court that after receiving the money, the accused would hold meetings claiming that allocations were being processed, only to become evasive afterward. This pattern led the victims to collectively report the matter to the police, resulting in Mutangi and Zhou's arrest.

The court has postponed sentencing to December 8. Mutangi and Zhou were represented by lawyer Constance Mathaba of Makiye and Partners, who argued that the complainants had voluntarily paid money to an association and had refused the bays when offered, subsequently demanding refunds.