Zim GBC News | Crimes and Courts
BULAWAYO – A Bulawayo magistrate has dismissed an application to drop four of the 14 fraud charges against Ward 1 Councillor Josiah Mutangi and his co-accused, Janet Zhou, ruling that the state has established a prima facie case against them.
The duo is accused of swindling 14 vendors of US$200 each by falsely promising to secure vending bays in the city centre.
Through their lawyer, Constance Mathaba, Mutangi and Zhou had sought the dismissal of four specific counts. They argued that the complainants for two counts did not testify, while the witnesses for two others allegedly confessed to never handing any money to the accused.
However, Magistrate Richard Ramaboea dismissed the application, finding that the state had led sufficient evidence to require the pair to answer the charges. The case subsequently proceeded to the defence stage.
Taking the stand, both accused denied any wrongdoing. Councillor Mutangi, who identifies as the president of the Bulawayo City Achievers association, claimed the payments were legitimate joining fees.
“Our association works together with the city council as we seek to support informal traders,” Mutangi told the court.
“The city council is using by-laws that were passed in 2010, which state that vendors can only be allocated bays through associations.”
He asserted that the US$200 fee covered administration and processing, and that all vendors were issued receipts. He blamed the fraud claims on vendors who were unhappy with being allocated bays at Baktas instead of their preferred location on Fifth Avenue.
“The reports they made of fraud are false; they are misrepresenting facts,” Mutangi testified.
The state, led by prosecutor Brenda Nyoni, fiercely challenged his testimony, pointing to inconsistencies.
“There is no evidence that these receipts actually came from the book you are referring to,” Nyoni argued.
“Had it been the case that the complainants had formally made payments, you would have presented these documents at the very early stages of this trial. This is an afterthought.”
She further questioned Mutangi’s credibility, stating,
“All the witnesses came here and testified, but at no point did you challenge their testimonies… How do you expect the court to believe you?”
Co-accused Janet Zhou also denied the charges, alleging they were “malicious and politically motivated” due to a position she holds at the market. She testified that she merely directed vendors to the association.
“I advised them to go to the association offices in the city centre to get full details,” Zhou said.
Under cross-examination, Zhou revealed that communication within the association was conducted via WhatsApp, and she admitted to never attending meetings.
The matter was postponed to October 22, 2025, for the continuation of the trial.
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