THE trial of former Harare magistrate Memory Chigwaza and her two alleged accomplices who are accused of defrauding home seekers of $155 000 after selling them non-existent residential stands failed to kick off on Tuesday as the presiding magistrate is awaiting transfer to Rusape.
Chigwaza (48), Everson Luni (38) and Davison Zvomarima (65) appeared before magistrate Lucy Mungwari, who remanded the matter to June 10 for a possible trial under another magistrate.
The matter had been postponed for the second time after another magistrate recused herself, saying she once worked with Chagwaza at the same court.
Chagwaza is represented by Charles Chikore, while the others are represented by Tungamirai Muganhiri.
Allegations are that the trio and one Michael Kawanzururwa, who is still at large, put an advertisement in a local newspaper offering residential stands under Maizview Projects at
Strathaven, said to be selling at $25 a square metre.
Zvomarima allegedly obtained a fake identity card document in the name of Gabriel Kabanda and purported to be a director of Topmark Stationers (Pvt) Ltd, using a fake CR14 document.
Luni and Kawanzururwa allegedly hired agents and showed them stands for sale in Strathaven and were armed with fake title deeds.
It is the State’s case that on September 27 this year, Sonboy Mapanzure responded to the advertisement and proceeded to Maizview offices in Eastlea, and transferred $25 000 into the
company’s CBZ Bank account.
Thereafter, he was referred to Chigwaza’s offices at Chikore and Chigwaza Law Chambers, where an agreement of sale was prepared by the accused, who never bothered to take any due
diligence as to the authenticity of the title deeds.
It is alleged Zvomarima presented himself as Kabanda.
The State alleges that another complainant, Benjamin Manungo, responded to the same advertisement in the newspaper and paid $40 000. The complainant, on October 3, paid another $5 000
and an agreement of sale was again prepared by Chigwaza.
It is further alleged that on October 4 last year, Peter Manyoni responded to the advert and paid $55 000 into Maizview Projects’ bank account. Chigwaza again allegedly prepared an
agreement of sale.
On October 5, Jacob Kasumba paid $25 000 and nothing was recovered.