Manduna had
been sentenced to an effective two years in jail after being convicted of
defrauding a Bulawayo woman of US$5,900 in an alleged botched residential stand
deal.
In his appeal,
Manduna, represented by Mr Tanaka Mungayi of Tanaka Law Chambers in Bulawayo,
contends that the case is civil with no criminal element.
He argues that
the court erred in imposing a custodial sentence of 24 months, which should
have allowed for a fine or community service option.
Manduna, who
represented Nketa/ Emganwini constituency, was arrested last year at his Ascot
residence at Kenilworth Towers by the Zimbabwe Anti-Corruption Commission
(Zacc).
He pleaded not
guilty to fraud but was convicted by Bulawayo provincial magistrate Mr Richard
Ramaboea.
He was
sentenced to 54 months in prison but six months of the sentence were suspended
on condition that he does not within the next five years commit a similar
offence. A further 24 months were suspended on condition that he restitutes the
complainant, Ms Sithulisiwe Sibanda.
In his
mitigation, Manduna pleaded for leniency, stating that he was a breadwinner and
took care of his family.
According to
court documents, it was alleged that between October 2020 and February 2022,
Manduna used a fake power of attorney to convince Ms Sibanda that he could sell
her Stand 7278 Cowdray Park for US$6,500.
The Bulawayo
City Council had reportedly repossessed the stand that Manduna was attempting
to sell.
Ms Sibanda, who
had paid Manduna US$5,900 for the stand, got suspicious and reported him to the
authorities.
Meanwhile, a
South Africa-based businessman Mr Farai Kwenda, who had accused Manduna of
defrauding him similarly, has since dropped the charges, after he was
restituted.
Mr Kwenda has
since filed an affidavit to that effect at the magistrates’ court in Bulawayo. Sunday News
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