MARTIN MAWAYA
GWERU – Lawyers representing Gweru businessman and miner, Charles Simbi, say they are preparing to file an appeal against his conviction and the pending sentence on charges of fraud and forgery.
Simbi and his wife, Zodwa, were on Tuesday, convicted by Gweru magistrate Beauty Dube after being found guilty of forging documents related to a disputed farm along the Gweru–Shurugwi Road.
Soon after the court’s verdict, Simbi’s lawyer, Esau Mandipa, told The Midweek Watch that written submissions in mitigation had been filed on behalf of the couple, while the court was now awaiting the State’s submissions in aggravation from the prosecutor before sentencing.
“While we await sentence, we already have plans to appeal against both the conviction and sentence at the appropriate time,” said Mandipa.
According to the State, Simbi allegedly used his wife to forge an offer letter purporting that they had been allocated Kanuck Farm, a property owned by prominent Gweru businessman Melvin van Gopal.
The court heard that the farm, located along the Gweru–Shurugwi Road, had been occupied by settlers who were granted temporary occupation permits in 2014, with Simbi being one of the beneficiaries.
Prosecutors said that in May last year, Simbi allegedly used the forged offer letter to claim ownership of a 10-hectare plot where gold deposits had been discovered.
The ownership dispute between the settlers and van Gopal remains pending before the High Court.
Sentencing of the couple is expected once the court receives and considers submissions from both parties.
