(a) a false statement of fact or law or a false expression of opinion;
(b) silence on the part of a person who has a duty to speak, knowing that another person has been or
will be misled by the silence;
(c) a promise to do something in the future, when made by a person who knows that he or she will
not be able to do that thing or who realises that there is a real risk or possibility that he or she
may not be able to do it;
(d) a false statement by a person who wishes to borrow money or any other thing as to the purpose
for which he or she requires the money or other thing;
(e) an exaggerated claim as to any quality of a thing that is being sold, where the person who makes
the claim knows or realises that the person to whom he or she makes the claim is being or is
likely to be deceived thereby;
(f) the use, publication or uttering of a document which contains a false statement, knowing that the
document contains a false statement or realising that there is a real risk or possibility that it does
so;
“potentially prejudicial” means involving a risk, which is not too fanciful or remote, of causing prejudice;
“prejudice” means injury, harm, detriment or damage of any kind whatsoever, including material or financial
prejudice, prejudice to reputation and prejudice to good administration;
“public document or item” means a document or item, including a judicial document or item, issued by or on
behalf of the State.
136 Fraud
Any person who makes a misrepresentation
(a) intending to deceive another person or realising that there is a real risk or possibility of deceiving
another person; and
(b) intending to cause another person to act upon the misrepresentation to his or her prejudice, or realising
that there is a real risk or possibility that another person may act upon the misrepresentation to his or her
prejudice;
shall be guilty of fraud if the misrepresentation causes actual prejudice to another person or is potentially
prejudicial to another person, and be liable to
(i) a fine not exceeding level fourteen or not exceeding twice the value of any property obtained by
him or her as a result of the crime, whichever is the greater; or
(ii) imprisonment for a period not exceeding thirty-five years;
or both.
[Section amended by section 31 of Act 9 of 2006.]
137 Forgery
(1) Any person who forges any document or item by—
(a) making a document or signature which purports to be made by a person who did not make it or authorise
it to be made or by a person who does not exist; or
(b) tampering with a document or item by making some material alteration, erasure or obliteration;
with the intention of defrauding another person or realising that there is a real risk or possibility of defrauding
another person thereby, shall be guilty of forgery and liable to
(i) in a case of forgery of a public document or item, a fine not exceeding level fourteen or
imprisonment for a period not exceeding twenty years or both; or
(ii) in a case of forgery of a document or item other than a public document or item, a fine not
exceeding level thirteen or imprisonment for a period not exceeding fifteen years or both.
(2) In a case where
(a) a person delivers or causes to be delivered a forged document or item to another person with the
intention of defrauding that person or realising that there is a real risk or possibility of defrauding that
person
(i) the competent charges shall be fraud and forgery if the person delivering the forged document or
item or causing it to be delivered also forged it;
(ii) the competent charge shall be fraud if the person delivering the forged document or item or
causing it to be delivered did not forge it;
(b) a banknote issued by the Reserve Bank of Zimbabwe is forged, the competent charge shall be that
specified in section 42 of the Reserve Bank of Zimbabwe Act [Chapter 22:15].
138 Conviction for fraud, etc., where specific victim not identified
A person accused of fraud or any other crime involving the making of a misrepresentation may be found
guilty of the crime notwithstanding that
(a) the person to whom the misrepresentation was made is not identified; or
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