BULAWAYO – Former Citizens Coalition for Change (CCC) legislator Obert Manduna has been granted bail of US$100 by the High Court of Zimbabwe in Bulawayo as he prepares to appeal his conviction and sentence for fraud, court sources confirmed on Friday.
Manduna, who represented the Nketa/Emganwini constituency, was sentenced to an effective two years in prison after being found guilty of defrauding a Bulawayo woman of US$5,900 in what authorities described as a botched residential stand transaction. The High Court ruling allows him temporary freedom pending the outcome of his appeal, providing a reprieve from the custodial sentence handed down by Bulawayo provincial magistrate Mr. Richard Ramaboea.
The case stems from allegations that between October 2020 and February 2022, Manduna used a fraudulent power of attorney to convince Ms. Sithulisiwe Sibanda, a Bulawayo resident, that he could sell her Stand 7278 in Cowdray Park for US$6,500. The stand in question had previously been repossessed by Bulawayo City Council, making Manduna’s attempted sale invalid.
According to court documents, Ms. Sibanda paid Manduna US$5,900 for the property before becoming suspicious of the deal and reporting the matter to the Zimbabwe Anti-Corruption Commission (ZACC). Manduna was subsequently arrested at his Ascot residence at Kenilworth Towers last year and charged with fraud. He pleaded not guilty, but the court ultimately convicted him.
Former CCC Legislator Obert Manduna Released on Bail Pending Appeal
Manduna was originally sentenced to 54 months in prison, with six months suspended on the condition that he does not commit a similar offense within the next five years. A further 24 months were suspended on condition that he restitutes Ms. Sibanda, leaving an effective custodial term of two years.
In his mitigation plea, Manduna emphasized his role as a breadwinner supporting his family, asking the court for leniency in sentencing. His legal team argued that the sentence imposed was excessive and inappropriate, suggesting that a fine or community service option would have sufficed given the civil nature of the transaction.
Represented by Mr. Tanaka Mungayi of Tanaka Law Chambers in Bulawayo, Manduna’s appeal contends that the case should be classified as civil, with no criminal intent. His legal team argues that the magistrate erred in applying a custodial sentence and that justice would have been better served through restitution and non-custodial measures.
The appeal also cites procedural issues and questions regarding the evidence used in the conviction, including whether Obert’s actions met the legal threshold for fraud. The High Court granted bail of US$100, allowing Manduna to remain free while the appeal process unfolds.
This is not the first time Manduna has faced accusations of fraudulent conduct. A South Africa-based businessman, Mr. Farai Kwenda, had previously accused him of defrauding him in a similar transaction. However, Mr. Kwenda has since dropped the charges after receiving full restitution and filed an affidavit to that effect in the Bulawayo magistrates’ court.
Obert’s case has drawn considerable attention due to his profile as a former legislator and member of the opposition CCC. Analysts suggest that the outcome of his appeal could have wider implications for the perception of political accountability and public trust in elected officials.
Supporters of Manduna have hailed the granting of bail as a step towards ensuring a fair appeal process, emphasizing that he should not serve custodial time until the High Court fully considers the arguments put forward by his legal team. Critics, however, argue that the case highlights the need for rigorous scrutiny of property transactions and ethical standards among public figures.
The High Court has scheduled further proceedings to consider Manduna’s appeal, which will examine whether the conviction and sentence were legally and procedurally sound. Meanwhile, Obert remains on bail, with strict conditions pending the resolution of the appeal.
Observers note that the restitution of complainants, including Ms. Sibanda, will be a key factor in both the appeal and any potential mitigation, underscoring the importance of resolving the financial and ethical issues surrounding the case.
For now, Manduna’s release on bail offers him temporary reprieve while the legal system navigates one of the more closely watched fraud cases involving a high-profile political figure in Zimbabwe.
Source- Herald
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