BULAWAYO, SEPT 7, (Southern Eye Live) - The High Court has ordered a 39-year-old city pastor and small-scale miner to pay US$11 000 to a visually impaired businessman after rejecting his claim that he was forced through threats and violence to sign an acknowledgement of debt.
Justice Mpokiseng Dube ruled in favour of businessman Tapfuma Zhou, who had sued Munashe Kwashira for the outstanding balance arising from a US$15 000 debt.
Kwashira admitted signing the acknowledgement of debt but argued that he did so under duress after Zhou allegedly subjected him and his family to threats, intimidation and violence.
He also disputed having received US$15 000, claiming that Zhou had instead voluntarily given him R11 500 to purchase gold for resale. According to Kwashira, he was duped into buying fake gold and subsequently proposed that Zhou participate in his mining operations to recover the money.
Justice Dube rejected the defence, finding that Kwashira's account was inconsistent.
The court heard that Zhou and Kwashira lived in the same neighbourhood.
According to Zhou, Kwashira approached him at some point seeking financial assistance for his mining business.
Zhou said he advanced Kwashira US$15 000 in May 2020 and the latter subsequently signed an acknowledgement of debt undertaking to repay the money.
Only US$4 000 was eventually paid, leaving a balance of US$11 000.
Kwashira, however, claimed the acknowledgement of debt was signed after a series of threats and alleged assaults involving Zhou and unidentified men whom he referred to as “comrades” or “bouncers”.
He told the court that Zhou demanded US$15 000 before he would leave the mining operation and claimed to have political connections that enabled him to speak directly to the Vice-President.
Kwashira claimed that he was taken to a police station where the document was signed by a commissioner of oaths.
He further told the court that he was assaulted on several occasions and had his money and mining equipment seized.
However, under cross-examination, Kwashira conceded that the signature on the acknowledgement of debt was his and that his personal details appearing on the document were correct.
He also admitted that the document had been sworn to before a police officer acting as a commissioner of oaths.
More significantly, the court heard that he never opened a police case concerning the alleged assaults, abduction or extortion and did not have a crime report number relating to the allegations.
He also admitted paying Zhou US$4 000 in instalments after signing the document, although he maintained that he did not owe the remaining US$11 000.
Justice Dube found the evidence concerning the alleged duress unconvincing.
He also noted that the sequence of events did not portray “a ruthless loan shark” attempting to extract money from a helpless borrower.
The court concluded that Kwashira's conduct was inconsistent with someone who had been forced into acknowledging a debt through unlawful intimidation.
Justice Dube ordered Kwashira to pay Zhou US$11 000, or the Zimbabwe-dollar equivalent at the prevailing interbank rate on the date of payment.
