Peter Matika, Senior Reporter
THE Managing Director of a financial institution that offers educational loans Mrs Rosemary Sibanda and a prominent Zanu PF youth league member have appeared in court facing fraud charges involving a US$16 000.
According to court records one Tanzanian national Mr Otni Ioni claims to have been defrauded of US$16 771 by Eduloan and its managing director Mrs Sibanda as well as Zanu PF youth league member Cde Gift Muhomba through misrepresentation.
In records it was stated that sometime in 2017 Mr Ioni obtained a High Court judgement against Eduloan to the tune of US$16 771 in a matter that was not specified.
Mr Ioni, according to court records, instructed the Sheriff of the High Court to attach and auction Eduloan’s property.
“Among the three, one of them prepared an inter-pleader affidavit in the name of Robert Ndlovu, claiming ownership of the property that had been certified by the Deputy Sheriff. As a result, the execution was stopped. Investigations were then carried out and revealed that Robert Ndlovu did not exist,” reads the document.
In defense the trio pleaded not guilty to the charge.
“They will dispute each and every material allegation of fact against them and will put the State to the strict proof thereof,” read their defense, as prepared and presented by Mr Shepherd Chamunorwa of Calderwood, Bryce Hendrie and partners.
They further stated that they will prove that the property Mr Ioni wanted to attach belonged to Eduloan.
“Mr Ioni had no valid court order for the recovery of the US$16 771.00 from Eduloan. They will state that the interpleader proceedings were determined on a point of law as the factual issues in the matter were common cause.
‘The proceedings did not turn on the impugned affidavit of Robert Ndlovu. This appears from the cyclostyled judgement of Moyo J and Sheriff of the High Court versus Eduloan,” read the defense.
“Rosemary (Mrs Sibanda) will in any event and should she be put to her defense disputing signing the affidavit with names Robert Ndlovu. She will state further that other than the error in the names the substance of the affidavit is correct and there is no fraud that was visited on the complainant.”
The matter was heard before Bulawayo magistrate Mr Steven Ndhlovu, while Mrs Concillia Mathaba represented the case for the state.
The matter was remanded to March 5 this year.