Online Reporter
H Metro Reporter
HARARE businessman Boss Tulemo and his construction firm, Hayes Construction (Pvt) Ltd, have been sucked into a fraud storm in which a client lost US$40 000 in a botched land deal.
Boss Tumelo, whose real name is Witness Tumelo Zamanga, is a member of the ‘Power Circle’ team on social media, appeared before Harare magistrate Isheanesu Matova yesterday. He was remanded out of custody to next month.
The court heard that in November 2018, the High Court of Zimbabwe, through the Office of the Sheriff, appointed RM Africa Property Consultants, trading as Rawson Properties, and Hayes Construction (Pvt) Ltd, to jointly develop the Remainder of Lot 12 in Tynwald Township, Harare. The developers were to be compensated with residential stands.
RM Africa Property Consultants and Hayes Construction, by virtue of the Court Order number HC5182/15, developed the property – stand numbers 17722 to stand 18080.
They were awarded a total of 228 residential stands by the Sheriff of the High Court of Zimbabwe.
The agreement was for the developers to jointly dispose of every residential stand, which was to be signed by a representative from RM Africa Property Consultants and Hayes Construction, confirming its disposal.
In June 2020, RM Africa Property Consultants and Hayes Construction entered into a Memorandum of Agreement of Sale, in respect to property number 17940, to one Elvis Jieman, with a purchase price of US$29 340.
All parties representing the developers signed.
Sometime in June last year, the complainant was looking for a residential stand in Ashdown Park and was referred to Hayes Construction.
During a conversation with a Hayes’ employee, named Praise Madzingira, he was advised the company had some vacant stands in the same neighbourhood.
The complainant was then referred to Boss Tumelo.
The State claims that even though he knew that Stand 17940, Tynwald Township, had already been sold to Elvis Jieman back in 2018, Boss Tumelo devised a plan to allegedly defraud the complainant, using his company.
The State claims he misrepresented facts to the complainant that the stand in question was still up for sale.
The complainant agreed to the terms and conditions of the verbal agreement to pay US$39 800 towards purchase of the residential stand.
The complainant met Boss Tumelo on June 17, last year, and paid US$39 800 cash to him .
He was issued with a receipt by Hayes Construction.
The buyer then demanded his agreement of sale and claimed he was promised, on a number of occasions, that it would be delivered.
He was later given a backdated Agreement Of Sale.
The offence came to light when the complainant was told by Jieman that he was the real owner of the stand.
Efforts by the complainant to resolve the issue with Boss Tumelo were fruitless and this prompted him to report the case to police.
Nothing was recovered.
Rufaro Chonzi prosecuted.
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