BULAWAYO lawyer Dumisani Dube who on Friday was arrested
for defeating the course of justice by allegedly producing a fake power of
attorney yesterday appeared in court.
Dube (32) and his co-accused, George Manyonga (36) who is
based in Harare, appeared before Bulawayo magistrate Mr Shepherd Munjanja
facing a charge of defeating the course of justice by producing a fake power of
attorney and certificate of service.
Dube, dressed in a blue jersey was represented by Mr Prince
Butshe-Dube of Mathonsi Law Chambers while Manyonga was represented by Mr
Sifiso Nkomo of the same law firm.
They were not asked to plead and Mr Munjanja granted them
bail of $5 000 bail each and they will be back in court on 18 June for
provision of trial date.
Prosecuting, Mr Nkathazo Dlodlo told the court that the two
accused persons and their accomplice, Godfrey Nyamhunga who is Dube’s remedial
clerk, hatched a plan to obtain a default judgement from Bulawayo High Court in
a matter between the late Hitler Chagwanhira (who was the applicant) and
Kufakunesu Chitoro and five other respondents over a mining dispute in the
Midlands Province.
The court heard that Manyonga allegedly used an invalid
special power of attorney from Chagwanhira who passed on on 10 December 2019,
knowing that Chagwanhira was dead and engaged Dube for legal services.
Dube is said to have instructed his clerk, Nyamhunga to
proceed to Chijaka Primary School in Chinhoyi and served Chitoro and second
respondent Lamios Chinhuri.
The court heard that in fact Nyamhunga did not serve the
papers to the respondents and acting in common purpose made an oath to Dube stating
that he served Chitoro at Number 16 Accarcia Road, Kadoma, an address which
does not exist.
Dube allegedly commissioned the oath knowing that he did
not send his clerk to that address. The court heard that as a result of their
actions, Chitoro and Chinhuri did not attend court and a default judgment was
passed in favour of a deceased person, Chagwanhira who is not capable of suing
or being sued in terms of the law.
The invalid special power of attorney authored by the now
deceased was then recovered. The fake Certificate of Service produced by Dube
and Nyamhunga was also recovered.
Preliminary investigations indicate that the purported
address where it was alleged that Chitoro was served with the papers does not
exist and has nothing to do with him. The fake Certificate of Service in
respect of Chinhuri indicates that he was served at the alleged applicant’s
address.
In granting bail, Mr Munjanja ordered the two to reside at
their given addresses, with Dube reporting to Bulawayo Central Police Station
every Friday while Manyonga is to report to Budiriro Two Police Station on the
same day. Sunday News
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