Fengu wants $2 000 restitution writ suspended

By Tarisai Machakaire

HARARE – Notorious Zanu PF activist Fidelis Fengu wants a $2 000 writ of restitution suspended pending his court appeal.

Fengu was jailed for 12 months for masquerading as an immigration director and extorting $2 000 from a Chinese man after forging a letter for the foreign national who wanted a residence permit.

He has since been freed on $300 bail pending the hearing of his appeal.

Magistrate Tendai Mahwe had suspended  four months on condition that Fengu restitutes the complainant $2 000 by yesterday.

“This court misdirected itself because in its reasons for judgment it alludes to the fact that the parties knew each other and also knew that what they were doing was illegal,” Fengu’s lawyer, Rungano Mahuni, argued.

“The court cannot sanction an illegality and it is against public policy that courts should be made to bless illegal deals and transactions.”

Prosecutor Samantha Dhlamini opposed the application on the basis that there were no prospects of success on his appeal against the sentence and conviction.

“If the courts pass an order for restitution, that ruling must be obeyed. That order cannot be suspended,” Dhlamini said.

The State proved that between 16 and 23 July this year, Fengu received $2 000 from Guo Nyongwei to facilitate the processing of a residence permit on behalf of Shu Xiaofeng.

This was after Shu’s first application to the immigration office was turned down.

Fengu and his accomplice, Francis Hungwe, who appeared in court in August, then produced a fake document which they photocopied and gave to Shu.

They lied that the document was issued by the immigration department.

Shu then presented the document to the immigration department in July not knowing it was fake. The matter came to light when verification was done.

Investigations revealed that Shu had been denied a permit and had a pending appeal.

Shu then narrated what had happened, leading to the arrest of Hungwe, who then implicated Fengu. Daily News