Judgment No. CCZ 11/14 1
Constitutional Application No. CCZ 4/13
REPORTABLE (3)
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JOEL
NORMAN
SENGEREDO
v
THE
STATE
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA,
GOWORA JA, PATEL JA, HLATSHWAYO JA & GUVAVA JA
HARARE, FEBRUARY 26 & NOVEMBER 10, 2014
T Mugabe, for the applicant
I Muchini, for the respondent
CHIDYAUSIKU CJ:
This application was referred to this Court by the
court a quo in terms of s 24(2) of the old Constitution of Zimbabwe (hereinafter referred to as
“the Constitution”). The facts forming the background to this application are the following –
The applicant was charged in the magistrate’s court with two counts of fraud
as defined in s 136(B) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
In Count One it is alleged that on 19 February 2008 and at no. 30 East Road, Avondale,
Harare, the applicant unlawfully, and with intent to defraud, misrepresented to the
complainant in Count One that he was selling a property, stand number 521 St Patrick’s
Close, Helensvale Township, Harare (“the stand”), when he well knew that he was not selling
the said property but only intended to induce the complainant in Count One to act upon the
misrepresentation and pay him some money.
As a result of this misrepresentation the
complainant in Count One paid the applicant the sum of US$62,000 (Sixty-two thousand