Section 135 Interpretation in Part IV of Chapter VI
In this Part-
“defraud” means to commit the crime of fraud upon a person;
“document or item” means an embodiment of any information, design or other written or depicted matter in any material form whatsoever that is capable of being read orunderstood by persons or machines and, without limiting this definition in any way, includes-
(a) coins, banknotes and negotiable instruments;
(b) receipts, certificates, vouchers, tickets, invoices, stamps, marks, licences, permits, statements of account and any entry in any book of account;
(c) paintings and other works of art;
(d) documents of a literary or historical nature;
(e) information stored by electronic means that is capable of being printed out or retrieved or displayed on a screen or terminal;
(f) any three-dimensional item;
“misrepresentation” means any act or omission of any kind whatsoever which wrongly or incorrectly represents any fact, law, character, circumstance, opinion or other thing whatsoever and, without limiting this definition in any way, includes
(a) a false statement of fact or law or a false expression of opinion;
(b) silence on the part of a person who has a duty to speak, knowing that another person has been or will be misled by the silence;
(c) a promise to do something in the future, when made by a person who knows that he or she will not be able to do that thing or who realises that there is a real risk or possibility that he or she may not be able to do it;
(d) a false statement by a person who wishes to borrow money or any other thing as to the purpose for which he or she requires the money or other thing;
(e) an exaggerated claim as to any quality of a thing that is being sold, where the person who makes the claim knows or realises that the person to whom he or she makes the claim is being or is likely to be deceived thereby;
(f) the use, publication or uttering of a document which contains a false statement, knowing that the document contains a false statement or realising that there is a real risk or possibility that it does so;
“potentially prejudicial” means involving a risk, which is not too fanciful or remote, of
causing prejudice;
“prejudice” means injury, harm, detriment or damage of any kind whatsoever, including material or financial prejudice, prejudice to reputation and prejudice to good administration;
“public document or item” means a document or item, including a judicial document or item, issued by or on behalf of the State.
Section 136 Fraud
Any person who makes a misrepresentation
(a) intending to deceive another person or realising that there is a real risk or possibility of deceiving another person; and
(b) intending to cause another person to act upon the misrepresentation to his or her prejudice, or realising that there is a real risk or possibility that another person may act upon the misrepresentation to his or her prejudice;
shall be guilty of fraud if the misrepresentation causes prejudice to another person or creates a real risk or possibility that another person might be prejudiced, and be liable to-
(i) a fine not exceeding level fourteen or not exceeding twice the value of any property obtained by him or her as a result of the crime, whichever is the greater; or
(ii) imprisonment for a period not exceeding thirty-five years; or both.
Section 137 Forgery
(1) Any person who forges any document or item by—
(a) making a document or signature which purports to be made by a person who did not make it or authorise it to be made or by a person who does not exist; or
(b) tampering with a document or item by making some material alteration, erasure or obliteration;
with the intention of defrauding another person or realising that there is a real risk or possibility of defrauding another person thereby, shall be guilty of forgery and liable to-
(i) in a case of forgery of a public document or item, a fine not exceeding level fourteen or imprisonment for a period not exceeding twenty years or both; or
(ii) in a case of forgery of a document or item other than a public document or item, a fine not exceeding level thirteen or imprisonment for a period not exceeding fifteen years or both.
(2) In a case where-
(a) a person delivers or causes to be delivered a forged document or item to another person with the intention of defrauding that person or realising that there is a real risk or possibility of defrauding that person
(i) the competent charges shall be fraud and forgery if the person delivering theforged document or item or causing it to be delivered also forged it;
(ii) the competent charge shall be fraud if the person delivering the forged document or item or causing it to be delivered did not forge it;
(b) a banknote issued by the Reserve Bank of Zimbabwe is forged, the competent charge shall be that specified in section 42 of the Reserve Bank of Zimbabwe Act [Chapter 22:15].
Section 138 Conviction for fraud, etc., where specific victim not identified
A person accused of fraud or any other crime involving the making of a misrepresentation may be found guilty of the crime notwithstanding that
(a) the person to whom the misrepresentation was made is not identified; or
(b) the person whom the accused intended to deceive or prejudice, or whom the accused realised he or she might be deceiving or prejudicing, is not identified; or
(c) the person to whom prejudice or potential prejudice was or would have been caused is not identified.
