The
pair,
represented
by
Constance
Mathaba
of
Makiye
and
Partners,
recently
made
the
application
through
their
lawyer.
They
are
facing
14
counts
of
fraud
after
allegedly
swindling
14
vendors
of
US$200
each
under
the
pretext
of
acquiring
vending
bays
in
the
city
centre.
The
duo
sought
to
have
four
charges
dismissed,
arguing
that
the
complainants
for
counts
four
and
nine
were
not
called
to
testify,
while
those
for
counts
10
and
11
had
confessed
that
they
never
handed
over
any
money
to
Zhou
and
Mutangi.
However,
Magistrate
Ramaboea
dismissed
the
application,
ruling
that
the
State
had
led
sufficient
evidence
proving
the
two
accused
persons
had
a
case
to
answer.
The
matter
proceeded
to
the
defence
stage,
with
the
pair
taking
turns
on
the
stand.
Both
Mutangi
and
Zhou
denied
the
charges.
They
claimed
that
the
vendors
made
the
US$200
payments
through
an
association
called
Bulawayo
City
Achievers,
which
Mutangi
leads
as
president.
Mutangi
told
the
court
that
the
vendors
approached
their
association
after
the
Bulawayo
City
Council
announced
it
would
allocate
vending
bays
to
vendors
affiliated
with
registered
associations.
“Our
association
works
together
with
the
city
council
as
we
seek
to
support
informal
traders.
In
2024,
the
city
council
announced
that
there
would
be
an
allocation
of
vending
bays,
and
as
such,
we
did
our
part
to
make
the
announcement
to
various
vendors,”
Mutangi
said.
“The
city
council
is
using
by-laws
that
were
passed
in
2010,
which
state
that
vendors
can
only
be
allocated
bays
through
associations.”
Mutangi
said
he
only
knew
one
complainant
who
had
acquired
a
vending
bay
at
Baktas
through
their
association,
but
he
did
not
know
the
others.
He
added
that
the
association
charges
US$200
as
a
joining
fee,
covering
administration,
processing,
background
checks,
and
bay
allocation,
and
that
all
vendors
had
received
receipts.
“After
learning
about
these
charges,
I
did
some
investigations
to
get
to
the
source
of
the
issue.
I
discovered
that
one
complainant
had
already
received
a
bay,
while
the
others
were
still
on
the
waiting
list,”
he
said.
“The
problem
was
that
they
wanted
bays
located
on
Fifth
Avenue,
yet
the
association
had
advised
them
they
could
only
get
bays
at
Baktas.
The
reports
they
made
of
fraud
are
false;
they
are
misrepresenting
facts.”
The
State,
led
by
Brenda
Nyoni,
challenged
the
defence,
citing
discrepancies
in
Mutangi’s
testimony
and
questioning
the
authenticity
of
the
receipts
presented.
“There
is
no
evidence
that
these
receipts
actually
came
from
the
book
you
are
referring
to.
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,”
Nyoni
argued.
“All
the
witnesses
came
here
and
testified,
but
at
no
point
did
you
challenge
their
testimonies
to
raise
these
issues
you
are
pointing
out
now.
How
do
you
expect
the
court
to
believe
you?
“The
complainants
testified
that
they
had
a
meeting
with
you
—
they
have
a
video
recording
of
the
meeting.
You
never
challenged
any
of
this
evidence,
which
indicates
they
were
telling
the
truth.
Why
raise
different
issues
now?
It’s
a
sign
that
you
are
lying
to
the
court.”
Mutangi
told
the
court
that
payments
were
made
to
the
association’s
secretary,
who
was
responsible
for
receiving
funds
from
clients.
However,
the
prosecution
questioned
this
procedure,
noting
that
the
association’s
constitution,
submitted
as
evidence,
designates
the
treasurer
as
the
officer
responsible
for
handling
payments.
Zhou
also
denied
the
charges,
claiming
the
allegations
were
malicious
and
politically
motivated
because
she
holds
a
political
position
at
the
market
where
they
operate.
She
said
she
only
acted
as
an
agent
of
the
association
and
referred
complainants
to
the
association
offices
when
they
sought
assistance
to
secure
bays.
“The
complainants
are
being
malicious
because
they
know
where
they
left
their
money.
They
only
came
to
me
after
the
city
council
had
announced
that
vendors
would
be
allocated
bays
if
they
were
affiliated
with
associations.
I
advised
them
to
go
to
the
association
offices
in
the
city
centre
to
get
full
details,”
Zhou
testified.
“After
they
went
to
the
association,
one
Chishamiso
Chigora
was
granted
a
bay
at
Baktas.
That
was
when
she
influenced
the
other
vendors
to
refuse
bays
at
Baktas,
and
that’s
when
they
made
their
police
reports.”
The
State
also
inquired
about
the
association’s
joining
procedures,
membership
proof,
and
communication
channels.
Zhou
said
members
receive
membership
cards
and
pay
a
US$6
monthly
subscription,
but
she
admitted
she
never
attended
meetings,
as
communication
was
done
through
WhatsApp
group
chats.
The
matter
was
postponed
to
October
22,
2025,
for
continuation
of
trial.