Leonard Ncube  Court Reporter
A FEMALE teacher at the prestigious Christian Brothers College (CBC) in Bulawayo is embroiled in a dispute with loan sharks over $8,000. Nomusa Chimbima of Southway Road, Burnside, allegedly borrowed $8,000 from Austin Mhovha and his wife, Memory Mhovha in May last year but is failing to pay back.The Mhovhas are reportedly in the business of giving  people micro-loans at an interest – a practice popularly known as isimbazo.

Chimbima is now allegedly avoiding the couple and the case has spilled into the courts. The development has reportedly affected her at school.

It is said Chimbima borrowed the money to pay fees for her three children, who are going to Petra High, Girls College and the National University of Science and Technology. The children were about to be expelled over non-payment of fees.

Scholastica Kawonde, Mhovha’s aunt, then referred her to the couple.

After being given the loan, Chimbima is said to have failed to pay back in the agreed installments of $1,000 starting in January and finishing in August this year.

Mhovha and his wife then tried to contact her but she would allegedly give excuses and avoid them, according to an application for summary judgment by the couple.

The application was made to the Civil Court housed at Tredgold Building. It was heard by Bulawayo magistrate Sibongile Msipa on Monday. The couple told the court that Chimbima told them that she was a divorcee and promised to sell her house to repay the money.

“She claimed she was in need of money as her children had not paid fees. She told us her husband left her and misled us that she was selling a house. She gave us Title Deeds and a passport as guarantee she would pay.

“Whenever we asked for our money back she would send text messages using her mobile phone and at some point wrote and signed an affidavit at Bulawayo Central Police Station undertaking to pay saying she earned $1,200 per month,” Mhovha said.

He said Chimbima’s application to defend was only an attempt to frustrate them from recovering their money.

“She has inconvenienced us because we are in debt for medical bills and we are now failing to complete our house which we are constructing. We cannot pay fees for our daughter who is doing Grade Zero and she has since stopped going to school. We feel she has no defence to offer,” said Mhovha in his affidavit.

In her opposing application, Chimbima said she was made to sign an affidavit under duress as her creditors threatened to dump their children in her class.
She disputes the couple’s claims.

“I borrowed $1,700 and the interest was 80 percent. I paid back $1,200 at the end of September. They offered me another $800 and I took it but I couldn’t pay back the $1,300 with interest by December,” she said.

Chimbima said she paid a further $1,000 in February 2012 and another $200 in March and denied ever promising the couple that she would sell her house to pay back the money. She said she could not do that because the house is not in her name as she is still paying for it.

Chimbima claimed that the couple took away her passport and Title Deeds under unclear circumstances, which is why she went to report them to the police.
Mhovha was once detained at Bulawayo Central Police Station overnight over the issue.

“I signed the affidavit under duress as they threatened to come with their children and embarrass me at school. I was still on probation and I was afraid I would be distracted at work,” said Chimbima.

She denied borrowing $8,000, adding that she only took $2,500 and paid back $2,400 in March this year.

Chimbima, who is being represented by Hara and Partners said her lawyer advised her that 80 percent interest was unlawful in terms of the Agents Contract Penalties Act Chapter 8:04 and Money Lending and Rates of Interests Act Chapter 14:14.

She says she has a genuine defence against the claim of $8,000 and prays for the dismissal of the application.

The matter was postponed to 30 December when a determination will be made.

You Might Also Like

Comments