The
appellant pleaded guilty to a charge of contravening section 179(1) of the
Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged
that from 19 to 26 February 2010 he wrongfully and unlawfully impersonated a
public official. The facts that he admitted in toto were as follows:
“On
the 19th February 2010, the accused, who is the Managing Director of
Vilox Investments Group, approached Simbarashe Chivaura, a legal practitioner
employed by Mashayamombe and Company Attorneys, situated at Salaamat Mews suite
301 3rd floor, Bulawayo. Accused sought legal advice in drafting a
letter of proposal as he intended acquiring 51% shares from Lobels Biscuits,
Bulawayo in line with the Indigenisation and Economic Empowerment Act. After
having his draft edited and printed on his company letterheads by Simbarashe
Chivaura, the accused then delivered the letter to Lobels Biscuits at the
corner of Birmingham and Luton Streets, Belmont, Bulawayo.
Later,
on the same date, the 19th February 2010, accused telephoned
complainant to ascertain if he (complainant) had received his letter.
Complainant indicated that he had received the letter.
On
22 February 2010, accused phoned Charmaine Fletcher, the personal assistant to
the Managing Director, posing as Simbarashe Chivaura from the President's
Office. Accused indicated that he was making a follow up to the Vilox
Investments group proposal. On 23 February 2010, accused, again, phoned Lobels
Biscuits posing as Collin Coetzee and that he was checking on the progress in
respect of Vilox Investments group's shares proposal. On the 24th
day of February 2010 accused personally visited Lobels Biscuits and was
attended to by the Human Resources Manager Andrew Dinhidza. Accused highlighted that the complainant had
to make serious considerations of the proposal as there were very big and
influential people involved.
Between
the 24th and 26 February 2010, accused made phone calls from land
line number 231148 and cell phone number 0914137464 to Lobels Biscuits still
posing as either Simbarashe Chivaura or Collin Coetzee. At some instances,
accused would demand an urgent and positive response towards his proposal. He
further lied to the Managing Director of Lobels Biscuits that His Excellency
President Robert Mugabe and Minister Saviour Kasukuwere were soon going to tour
complainant's company.”
When
the essential elements were canvassed with him he admitted that each time he
phoned the complainant and when he visited the complainant he held out that he
was a member of the Central Intelligence Organisation (CIO). 