Former MP, Psychology Maziwisa had pleaded with a Harare magistrate for a suspended sentence and offered to pay back the money he defraude...
Former MP, Psychology Maziwisa had pleaded with a Harare
magistrate for a suspended sentence and offered to pay back the money he
defrauded the Zimbabwe Power Company.
His lawyer, Jonathan Samkange said a custodial sentence
was uncalled for “What would be fair would be to sentence the accused persons
to three years effective which would be suspended as follows: one year will be
suspended on account that they restitute the $12 000 whereby they will be paying
$6 000 each. “A further year is suspended on condition that they do not commit
the same offence for five years and the last year can be suspended on account
that they do community service,” he told the court.
But prosecutor, Mr Michael Reza, opposed this saying that
fraud cases are rampant and therefore it was imperative for the court to send a
strong signal by giving custodial sentences to ensure that others with plans to
do so are discouraged.
“Your worship, crimes of this nature need one thing which I
call the doctrine of the justice of fire. If one plays around with fire, then
they are bound to get burnt. In the same light, anyone who commits fraud must
be given a prison sentence. “What will be fair and just would be a prison
sentence like the one that was given to former minister Samuel Undenge whose
crime was linked to the accused,” he said..
Magistrate, Mr Lazini Ncube, said the evidence provided in
court showed that there was clear misrepresentation on the part of Maziwisa and
Pambuka.
“The evidence given by the state shows that the two accused
(Pambuka and Maziwisa) clearly acted fraudulently as they lied to Zimbabwe
Power Company (ZPC) that they had done coverage and advertisements for when it
is Zimbabwe Broadcasting Corporation’s mandate to provide coverage for all
Government entities.
“Fruitful Communications did not have a contract with ZBC
and the two accused indirectly used ZBC to deceive ZPC. They have therefore
been found guilty on both counts,” he said.
After the sentence, Mr Samkange indicated that he will
apply for bail pending appeal at the High Court.
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