The trial of Member of Parliament for Njube-Lobengula Constituency Gift Banda, who is facing a charge of forging signatures of a Bulawayo man resulting in him losing a residential stand worth US$60 000, will begin on March 3, 2020.
Banda, is jointly charged with Mbonisi David Nkomazana (33) and Bard Real Estates represented by Mbonisi David Nkomazana.
The court heard that Banda and his accomplice allegedly forged Nkululeko Ndlovu’s signature purporting that he had agreed to sell him his residential stand in Selbourne Brooke, Bulawayo.
Banda’s legal representatives had requested to have a copy of the alleged forged signatures from the Question Document Examination department as they were not filed in the State papers.
For the State, George Rufumoyo, said Ndlovu bought his stand in February 2015 where he signed a memorandum of agreement of sale with Bulawayo Glass and Allied Products Pvt Ltd, represented by Sipho Mhlanga who is the land developer and owner of the stand.
He said the agreement was drafted by Bard Real Estates represented by Nkomazana.
The prosecutor added that sometime during 2017, Banda approached Ndlovu and offered to buy the stand from him, promising to purchase for him a bigger stand in Paddonhurst.
Rufumoyo said Banda and Nkomazana also forged an agreement of sale of the stand between Banda and Bulawayo Glass and Allied Products.
He said the document was drafted by Nkomazana using the Bard Real Estates logo.
“Banda and Ndlovu settled their agreement verbally. Banda failed to keep his end of the bargain of securing another stand in Paddonhurst and instead offered to pay Ndlovu cash for his Selbourne Brooke stand. He again failed to settle the cash payment,” said Rufumoyo.
He said on July 21 2017, Ndlovu sent Banda a WhatsApp message informing him that he no longer wanted to sell his stand to him.
The court heard that despite the cancellation by Ndlovu, Banda went on to deposit $2000 into Ndlovu’s Steward Bank account and proceeded to start construction at the stand.
“On realisation that Banda was defiant, Ndlovu, through his lawyers, wrote a letter instructing him to cease his construction but he did not adhere. Ndlovu and his lawyers then made an application to the High Court declaring the sale null and void since it was against City Council’s regulations to sell an undeveloped stand,” said Rufumoyo.
“Banda in turn tendered at the High Court a cessation agreement which was drafted by Nkomazana in his official capacity as a sales agent for Board Real Estates. The cessation agreement purported that Ndlovu had ceded all interest and rights of the stand to Bulawayo Glass and Allied Products.”
The State alleged that the document had Ndlovu’s forged signatures and also tendered at the High Court was an acknowledgement of payment which was drafted by Nkomazana in his capacity as a sales agent of the accused company.
