MIDWEEK REPORTER
MASVINGO CITY- The High Court has quashed the lower court’s conviction of prominent Masvingo businessman Naison Madyambwa of defrauding his former lover of US$60,000.
Madyambwa had appealed against his two year conviction by the lower court recently.
The High Court ruled that the initial conviction was a “miscarriage of justice” following Madyambwa’s appeal, which claimed he was falsely incriminated.
Madyambwa, who owns Hiepeg Tyre Services, was originally sentenced to two years imprisonment, conditionally suspended upon restitution of the funds to his former sweetheart, Achidaishe Mudzingwa.
He argued in his appeal that Mudzingwa fabricated the fraud charges after he ended their extramarital affair.
The case stemmed from the discovery of romantic messages by Madyambwa’s wife, leading to a confrontation between the two women.
Mudzingwa subsequently filed a police report against Madyambwa and later claimed he had swindled her of US$60,000 under the guise of a mining investment.
However, Justices Helena Charewa and Sunsley Zisengwe, presiding over the appeal, sided with Madyambwa, who was represented by Charles Ndlovu of Hwacha and Ndlovu legal Practitioners.
They ruled that the magistrate’s court had erred in its conviction, deeming it unfare.
Following the High Court’s decision, Madyambwa expressed his relief. “This fraud case had taken a tremendous toll on me, both emotionally and financially.
“My reputation as a businessman and family man was tarnished, and suffered immeasurable losses among in my business operations,” he said.
