MARTIN MAWAYA
MASVINGO–A Gweru couple, Zodwa and Charles Simbi, has approached the High Court in Masvingo appealing against both conviction and sentence for forgery and fraud after being jailed by Gweru Provincial Magistrate Beaulity Dube on Tuesday.
The pair, represented by lawyer Esau Mandipa, filed their notice of appeal under case number CRB GWP 319–19/25, arguing that the trial court erred in law and fact when it convicted them on November 3 and sentenced them on November 11, 2025.
Magistrate Dube sentenced the two to 18 months’ imprisonment each for forgery, with six months suspended for five years on condition of good behaviour.
This left them with an effective 12 months behind bars.
On the fraud charge, each was ordered to pay a US$400 fine or, in default, serve five months in jail.
In the appeal, Mandipa argued that the State failed to prove its case beyond reasonable doubt, saying the temporary resettlement permit at the centre of the charges was a genuine document lawfully obtained from the relevant authorities.
“The court a quo erred in convicting the appellants notwithstanding overwhelming evidence that the offer letter in question was obtained by the first appellant from the proper officials,” reads part of the notice of appeal.
The appellants further contend that the trial magistrate misdirected herself by applying the doctrine of common purpose to convict Simbi, arguing that the legal principle did not apply to their case.
They also argue that the court improperly shifted the burden of proof to them by expecting them to prove their innocence, a position contrary to the fundamentals of criminal law.
On sentence, the couple described the 12 month effective imprisonment as harsh and excessive, saying the magistrate failed to consider other suitable alternatives such as community service or a fine payable in local currency.
“The sentence imposed is so excessive as to induce a sense of shock in the circumstances,” the appeal reads.
The couple is seeking the High Court’s intervention to overturn both convictions and substitute them with verdicts of not guilty and acquittal on both counts.
Alternatively, they are asking for the custodial sentence to be replaced with a fine of US$500 each for forgery and US$400 each for fraud, or their equivalent in ZiG, with imprisonment in default of payment.
The appeal will be heard at the High Court in Masvingo on a date yet to be set.
