Judgment No. CCZ 11/14 2
Constitutional Application No. CCZ 4/13
United States dollars), thereby causing the complainant in Count One to suffer prejudice in
the amount of US$62,000 (Sixty-two thousand United States dollars).
In Count Two it is alleged that on 11 October 2008 and at no. 30 East Road,
Avondale, Harare, the applicant unlawfully, and with intent to defraud, misrepresented to the
complainant in Count Two that he was selling a property, stand number 521 St Patrick’s
Close, Helensvale Township, Harare, yet in truth and in fact he was not selling the said
property.
The applicant made the misrepresentation when he well knew that he was not
selling the said property but only intended to induce the complainant in Count Two to act
upon the misrepresentation.
The complainant in Count Two paid the applicant the sum of
US$48,500 (Forty-eight thousand five hundred United States dollars), thereby causing the
complainant in Count Two to suffer prejudice in the amount of US$48,500 (Forty-eight
thousand five hundred United States dollars). In short, the applicant sold the same stand to
two different people from whom he received the above amounts.
The applicant was arrested by the police in connection with the above
allegations.
He was made to sign a warned and cautioned statement on 15 February 2009
after being formally advised that criminal proceedings were being preferred against him. On
17 February 2009 he was placed on remand on these allegations.
On 05 November 2009,
after attending court on no less than ten occasions, further remand was refused.
It would appear from the record that some time in November 2010 a decision
was arrived at by a law officer in the then Attorney-General’s Office to decline prosecution,
on the ground that the allegations against the applicant do not constitute a criminal offence.
He opined that the allegations against the applicant constituted a civil wrong, for which the