Senior Court Reporter
JAILED former Highfield legislator Psychology Maziwisa is mounting a fresh appeal against his conviction and sentence for defrauding the Zimbabwe Power Company of US$6 250 in what he still argues should have been a civil case.
Maziwisa is serving an effective 42 months jail term after he was jointly convicted with former ZBC news anchor Oscar Pambuka for defrauding ZPC.
Through his lawyers, Venturas and Samkange, Maziwisa has since filed a notice of appeal after his application for condonation was granted by the High Court, which dismissed his previous appeal.
Maziwisa was initially jailed for 54 months before the magistrates court set aside 12 months of the term on condition that he paid back ZPC US$6 250 on or before January 31, 2019.
He once appealed against the conviction and sentence but it was dismissed by the High Court. The jail terms for Maziwisa and Pambuka were then confirmed.
In his fresh bid, Maziwisa said the magistrate's court erred and misdirected itself in finding him guilty of the offence in his personal capacity when he was cited as a director representing the company, Fruitful Communications, in court papers.
He argues that the trial court failed to consider the fact that Fruitful Communications had done the work complained of and had discharged its contractual obligations, and then found Maziwisa guilty of fraud absent any intention, involvement or representations made directly and individually by him.
Maziwisa indicated that the sentence induced shock as the amount of prejudice was minimal.
He argued that the matter was civil as it contained breach of contractual agreements and remedies under civil law should have applied.