PROMINENT Bulawayo lawyer Zibusiso Ncube has been dragged to court facing fraud charges after allegedly selling a property belonging to his client to businessman Mr Mike Marata.
Ncube of Ncube and Partners Legal Practitioners appeared at the Bulawayo Magistrates’ Court for allegedly contravening a section of the Criminal Law (Codification and Reform) Act.
Bulawayo provincial Magistrate Mr Sangster Tavengwa postponed the case to July 11 after Ncube’s legal team requested to prepare an appeal before the matter goes on trial.
According to the State’s case as presented by Mr Denmark Chihombe, sometime in 2003 a Zimbabwean businessman based in South Africa, Mr Smith Moyo, who is also a witness in the matter bought a piece of land in Bulawayo’s Marvel township of Killarney.
There was an agreement that the property’s title belonging to one Maxwell Sibanda would be transferred to him but that was not done.
Mr Chihombe said in 2015 Ncube, as a legal practitioner, obtained a judgment against Sibanda to transfer the property to Mr Moyo but he later sold it to Mr Marata.
Ncube appeared with a fellow accused, Mgcini Moyo, who is employed by The Messenger of Court.
Mgcini, according to the State, was in charge of handling all the paperwork concerning the case.
It is alleged that after Mr Moyo bought the property, he approached Ncube so that he could conclude a deed of settlement, in which the former would inherit a debt on the property belonging to Sibanda on the property, since it was sold to him awaiting transfer of title.
“The deal was made and concluded,” said Mr Chihombe.
“On 28 December 2016 it was transferred to Mr Moyo under deed 1771/2016.
On 4 December 2019 Ncube and Mgcini sold the property to Mr Marata.
The pair prejudiced Mr Moyo of $326 174,33 and US$500.”