Harare, Zimbabwe – In a significant ruling that further tarnishes the reputation of online betting firm Bezbets, the High Court has struck off the roll the company’s application for condonation and reinstatement of an appeal against punter Prosper Dembedza.
This latest legal setback highlights what appears to be a consistent pattern of the company attempting to evade its obligations and manipulate legal processes to deny legitimate winnings to its customers.
The ruling by Justice Siyabona Musithu, who found Bezbets’ application to be “fatally defective,” adds another chapter to the company’s ongoing legal woes. This comes just months after a Harare magistrate sentenced Bezbets to pay a fine for defrauding Dembedza of over US$5,000 in winnings.
Bezbets, ostensibly operating under the name and style of “Bezbets Betting Company,” found itself in a quagmire of its own making. Owner Benard Zieve, in an affidavit, bizarrely claimed that “Bezbets Betting Company” was non-existent and that he, as Bernard Zieve, was solely responsible for any disputes. This assertion, designed to escape liability, was sharply contradicted by Dembedza, who pointed out that Bezbets itself had previously presented “Bezbets Betting Company” as a valid trade name in other legal proceedings. This contradictory stance by Zieve raises serious questions about the company’s integrity and its willingness to shift its identity to suit its convenience.
The High Court application itself was riddled with procedural errors. Zieve claimed an “erroneous appreciation of the rules of the court” for the failure to file heads of argument within the stipulated time, leading to the appeal being deemed abandoned. However, Dembedza’s legal practitioner, Peter Patisani, robustly argued that Bezbets had failed to demonstrate any prospects of success in their appeal. Furthermore, Patisani highlighted that the initial appeal was lodged in the wrong court – the general division of the High Court, instead of the specialized Commercial Division where it rightfully belonged. This, Dembedza argued, was not merely an error but a deliberate attempt to delay and litigate him “out of pocket.”
Justice Musithu concurred with Dembedza, emphasizing that “prospects of success must be properly pleaded and demonstrated in the founding affidavit,” a requirement Bezbets failed to meet. The judge’s decision to strike off the application, rather than dismissing it, indicates the fundamental flaws in Bezbets’ legal strategy.
This High Court ruling isn’t an isolated incident for Bezbets. In March 2024, a Harare magistrate fined the company after it was proven that Bezbets refused to pay Dembedza his rightful winnings of US5,400fromaroulettebet.Instead,thecompanyattemptedtostrong−armhimintoacceptingapaltryUS1,800. This blatant attempt to deny a customer their full winnings and then resort to protracted legal battles raises serious concerns about Bezbets’ business practices and its commitment to fair play.
The consistent legal defeats and the repeated accusations of attempting to defraud customers paint a grim picture for Bezbets. The company’s actions suggest a deliberate strategy to exploit legal loopholes and intimidate punters rather than honor its commitments. This pattern of behavior is a serious red flag for anyone considering using their platform. The High Court’s latest decision serves as a powerful reminder that justice, though sometimes delayed, can ultimately expose and penalize companies that operate with questionable integrity.
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