Madyambwe conviction on USD50k overturned

Staff Reporter

Zimbabwe -Masvingo High Court Judges have overturned the conviction of prominent businessman Naison Madyambwa, who was wrongly found guilty of defrauding his Australian girlfriend of US$50,000.

His conviction has been overturned-

Madyambwa, who runs Hiepeg Tyre Services in Masvingo, was initially convicted and sentenced to two years imprisonment, which was wholly suspended on condition that he restitute the money to his former lover, Achidaishe Mudzingwa.

However, Madyambwa appealed against the conviction, citing false incrimination.

He claimed that Mudzingwa fabricated the fraud charges after he terminated their extramarital affair.

Madyambwa's wife had discovered romantic messages between him and Mudzingwa, leading to a heated exchange between the two women.

Mudzingwa later turned violent and frequented Madyambwa's residence, prompting his wife to file a police report.

At Chikato police station, Mudzingwa admitted to being bitter over the termination of the affair but never mentioned any investment opportunities with Madyambwa.

A few weeks later, she filed false fraud charges against him, claiming he had duped her of US$50,000 in a mining deal.

The High Court has now set Madyambwa free, overturning his conviction after finding favor in his application.

Madyambwa was represented by Charles Ndlovu of Hwacha and Ndlovu legal practioners.

Justice Helena Charewa, sitting with Justice Sunsley Zisengwe, ruled that the magistrate had erred in convicting Madyambwa.

The judges said the conviction was unsafe and a miscarriage of justice.

The high court then cleared him of all charges.

In an interview following the High Court ruling, Naison Madyambwa expressed his relief and gratitude

"The fraud case has taken a tremendous toll on me, both emotionally and financially.

"My reputation as a businessman and family man has been tarnished, and I've suffered immeasurable losses among my business associates." he said.

However, Madyambwa welcomed the High Court's decision.

"I'm relieved that the truth is finally out, and everyone can see that I was wrongly accused. I'm grateful for the justice system's ability to correct this injustice and clear my name." He said.