HARARE
–
HIGH
Court
judge
Siyabona
Musithu
has
ordered
suspected
con-artist
Tawanda
Denford
Bondamakara
to
pay
back
US$215,000
in
debt
he
incurred
after
he
allegedly
sold
a
non-existent
piece
of
land
to
one
Rumbidzai
Bushu
in
2021.
Bondamakara,
who
has
several
pending
fraud
cases,
was
refusing
to
pay
the
money
insisting
that
he
does
not
owe
Bushu
a
single
penny.
He
also
told
court
that
he
signed
a
debt
acknowledgement
under
duress
after
he
was
threatened
with
criminal
prosecution
by
Bushu.
Bushu’s
claim
arose
from
an
acknowledgment
of
debt
signed
by
Bondamakara
on
7
May
2021.
In
terms
of
that
acknowledgement
of
debt,
Bondamakara
admitted
owing
Bushu
a
sum
of
US$215,000
together
with
interest
at
the
rate
of
5%
per
month
from
1
May
2021.
Further,
in
terms
of
the
said
acknowledgment
of
debt,
the
court
heard
Bondamakra
undertook
to
clear
the
debt
through
monthly
instalments
of
US$20,000
commencing
on
31
May
2021.
“The
defendant
also
undertook
to
hypothecate
a
piece
of
land
measuring
5,000
square
metres
held
under
parent
deed
3413/73,
upon
finalisation
of
the
relevant
paperwork
by
his
legal
practitioners,
Zuze
Law
Chambers,”
reads
court
documents.
According
to
Bushu,
Bondamakara
defaulted
in
making
such
payments
after
he
only
paid
an
amount
of
US$12,000
leaving
an
outstanding
balance
of
US$203,000
which
amount
remained
due
and
payable
despite
demand.
It
was
on
that
basis
that
Bushu
approached
the
court
under
a
provisional
sentence
summons.
Bondamakara
submitted
that
the
claim
based
on
the
acknowledgment
of
debt
was
incompetent
because
it
was
secured
through
duress.
He
signed
the
document
out
of
fear
of
losing
his
liberty,
he
argued.
Attached
to
the
opposing
affidavit
were
two
charge
sheets
and
an
outline
of
the
State
case,
containing
two
counts
of
fraud
against
the
defendant
as
the
accused
person.
The
allegations
were
that
the
defendant
had
made
some
representations
to
Bushu
that
he
was
selling
some
vacant
industrial
stands,
which
turned
out
to
be
false
thereby
causing
financial
prejudice
to
the
plaintiff.
Bondamakara
also
alleged
that
despite
signing
the
acknowledgment
of
debt,
he
was
still
arrested
in
September
2021
after
refusing
to
pay
the
acknowledged
amount.
He
claimed
to
have
been
released
on
bail
under
CRB
No.
8627/21.
He
was
removed
from
further
remand
on
11
January
2024,
and
the
criminal
matter
remained
pending.
Bondamakra
also
averred
that
the
amounts
claimed
in
the
acknowledgment
of
debt
were
different
from
the
amounts
that
the
plaintiff
claimed
to
have
lost
when
she
made
her
criminal
complaint.
He
further
expressed
his
intention
to
file
a
counterclaim
seeking
the
setting
aside
of
the
acknowledgment
of
debt
which
he
claimed
was
a
nullity.
While
admitting
making
a
criminal
complaint
to
the
Police
Anti-Corruption
Unit,
the
plaintiff
averred
that
the
defendant
was
interviewed
by
the
police
on
the
allegations
some
months
before
he
signed
the
acknowledgment
of
debt.
The
plaintiff
further
argued
that
if
at
all
any
threats
of
arrest
and
prosecution
were
made,
such
threats
would
not
amount
to
duress
because
they
were
premised
on
lawful
processes.
Such
lawful
processes
were
undertaken
by
independent
functionaries
who
acted
in
terms
of
the
law.
The
court
ruled
in
favour
of
Bushu
ruling
that
there
was
nothing
put
before
the
court
to
prove
that
Bondamakra
was
coerced
to
sign
the
acknowledgement
of
debt
documents.
“When
the
present
claim
was
made,
the
defendant
was
just
content
with
responding
to
the
claim.
“He
did
not
consider
it
necessary
to
challenge
the
acknowledgment
of
debt
that
left
him
saddled
with
such
a
huge
financial
burden.
“It
is
for
the
foregoing
reasons
that
the
court
determines
that
the
plaintiff’s
claim
is
unassailable
and
must
succeed.
“The
defendant’s
story
is
scarcely
credible
and
highly
implausible.,”
Musithu
ruled.
He
ordered
Bondamakara
to
pay
US$203,000
in
local
currency
at
the
prevailing
interbank
rate
on
the
date
of
payment
including
interests
and
costs
of
suit.