HARARE - CONTROVERSIAL soccer fitness trainer turned commercial farmer, Temba MliswaThe tycoon was immediately set free by Harare Magistrate William Bhila, who threw out all charges against him saying the issue was rather malicious.
In his ruling at the close of the case in Harare, Bhila described Mliswa’s appearance before the court on the alleged fraud charges as malicious prosecution.
The magistrate said no fraud was committed by Mliswa as supported by evidence of Van der Merwe and his wife, Carol, together with the investigating officer, Inspector Samuel Masvokweni.
There is no fraud that was committed by the accused person, Bhila said. Both complainant and wife admitted that there is a running contract signed between them and the accused until today.
Assuming that there is a breach of contract between the parties, it is incumbent upon the complainant to sue the accused rather than raise criminal charges against him.The magistrate noted in his findings that the complainants did not report the matter to the Police but were invited to a hotel, Holiday Inn, Bulawayo, a luxury complex, where statements were recorded from them.
Both Van Der Merwe and his wife, Carol, admitted to the court that Mliswa still had part of their property which had not been sold under their agreeement.
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