Zvikomborero Parafini

THE fraud trial of rising chanter, Mbida D, who is accused of violating a contract he had signed with a promoter for a show that was set for the Easter holidays, got underway yesterday.

Mbida D, whose real name is Tawanda Madondo, pleaded not guilty to the offence.

Through his lawyer, Dumisani Mthombeni, Mbida D told the court he never defrauded the complainant in the manner alleged or at all.

He told the court that he was introduced to Patrick Nyaguwa, the owner of the club where he was meant to perform by one Kudzi, who is known as Selector Junkyard.

Mbida D said he went on to enter into an agreement with Nyaguwa in Kudzi’s presence and was given a US$100 deposit and the balance of US$100 was to be paid on the day of the show.

He told the court that before accepting this contractual agreement, he had another show scheduled in Botswana on the same day, an appointment he had cancelled due to the fact that it offered the same amount as that of Nyaguwa.

“The promoters in Botswana, however, offered to pay more to the artist and due to the fact that he was engaged first by the promoters in Botswana, Mbida D then opted to go to the Botswana show and cancelled his contract with Patrick Nyaguwa.

“He then told Selector Junk, who had linked him with Patrick Nyaguwa, to advise him that he was cancelling the contract and he would refund them their money or they should reschedule the show/gig,” read parts of the defence outline.

He denied ever entering into an agreement with Benjamin Gororo, who was in court and purporting to be representing Nyaguwa, without a company resolution.

The State represented by Polite Chikiwa led evidence from Gororo, who is a security officer at Nyaguwa Bar.

He claimed he was there when the contract was signed.

He however conceded that he was not party to the agreement and that the matter was, indeed, a civil case.

Mthombeni stated that he intends to file an application for discharge at the close of the State case on May 6.

The matter is back in court on May 16 for the ruling.

Leave a Reply

Your email address will not be published. Required fields are marked *