LAWYER UP FOR $25 000 FRAUD:

MASVINGO lawyer Joseph Maweni has appeared in court for allegedly drafting a fake agreement of sale and using it to deceive the High Court into transferring a residential stand already sold into the names of a third party who is a Harare-based truck driver.

Maweni, who is a former magistrate in Masvingo; and Sam Momberume, a truck driver, were jointly charged with fraud when they appeared before magistrate Ms Florence Nago on Friday.

The two were remanded out of custody to April 27 on free bail.

Prosecuting, Ms Chiedza Muhwandavaka said the alleged fraud prejudiced the complainant of $25 000.

Ms Muhwandavaka told the court that the fake agreement of sale allegedly drafted by the duo was then presented to High Court judge Justice Makoni.

In his founding affidavit, Momberume claimed that he had purchased stand number 10604 Mugijima in Runyararo suburb from Mrs Vimbayi Toma on June 22, 2006 and built a house on it.

He also claimed that the seller, Mrs Toma was now refusing to change names when in fact he never bought the stand.

This alleged misrepresentation by the two led Justice Makoni to give an order that compelled the Director of Housing for Masvingo City Council to effect a change of names from Mrs Toma into Momberume’s name.

Council then complied with the High Court order.

The complainant, Mrs Toma, who legally had bought the stand from Mrs Ladwin Kufazvinei on December 5, 2005 was not even aware of all these developments.

After building to a level acceptable by council to change ownership, she then discovered the offence as she approached council for change of ownership from the original owner. She told the court that to her surprise, she found out that the same property had now been registered under Momberume following the High Court order.

She then reported the matter to the police, leading to the manhunt and arrest of Maweni and his co-accused Momberume.

In a letter produced in court, the Law Society of Zimbabwe categorically stated that Maweni was not a registered legal practitioner when he allegedly committed the offence in 2006.

TSZ furtherr indicated that Mugabe and Partners, a law firm which Maweni had purported to have represented, was already defunct by that time.