SA businessman acquitted in US$17,000 fraud case

Published: 9 hours ago

A Bulawayo magistrate has acquitted South African businessman Johnny Herman Saaiman, who had been accused of defrauding three companies of US$17,000 in a failed grocery supply deal.

Magistrate Mr Mark Dzira dismissed the case after ruling that the State had failed to produce sufficient evidence linking Saaiman personally to the alleged fraud.

Saaiman, represented by Mr Tawanda Tavengwa of Mutuso Taruvinga and Mhiribidi Attorneys, had been accused of defrauding Fazak Home and Hyper, Fortwell Wholesalers, and Lobels Biscuits in Bulawayo.

The prosecution alleged that Saaiman received payments from the three firms for the supply of groceries which were never delivered. However, the defence argued that the matter arose from a contractual misunderstanding involving a delay in delivery - not criminal intent.

In his ruling, Mr Dzira criticised the State for pursuing charges against Saaiman in his personal capacity rather than against his company, JNS Dynamics, which was the actual contracting party.

"The contract was between JNS Dynamics, owned by the accused, and was a verbal agreement which the complainants all agreed to. The State, therefore, failed to prove its case, whereas it was supposed to cite the accused's company as the respondent," said Mr Dzira.

He added that the dispute was of a civil nature, not a criminal one.

"Criminal law has never applied to contractual matters. In this case, all the complainants are companies. The matter, therefore, is a civil case. It remains a mystery why the accused person, in his capacity, was arrested," ruled the magistrate.

With no evidence of criminal conduct established, Saaiman was acquitted and discharged.

Mr Acumen Khupe appeared for the State.
- online

Tags: Fraud,