What can I do if a customer or guest makes off without payment?

Section 117 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code) deals with situations concerning people who make off without payment. In terms of the said section, it is considered a crime for any person in Zimbabwe to benefit from the provision of a service or to consumer goods, knowing that payment is required or expected, and to intentionally make off i.e., take off without paying for the services or goods.

Inn-keepers, hoteliers and restaurants often fall victim to people who make off without paying for services rendered. Not only does it happen to the above, it also happens to owners of shops and hardware shops. The case of Mahachi v The State HH 446-13 is a classic case which dealt with the crime of “making off without payment”. In that case the accused was found guilty of the crime of making off without payment, as he had taken wood glue, hid it in his trousers, and walked out of the hardware store without paying for it.

Although the crime seems petty or trivial, cases of people making off without payment are on the increase and do often arise. The famous case of R v Brooks & Brookers (1983) 76 Cr App R 66 is one case that dealt with the crime of making off without payment from a restaurant.

The crime of making off without payment in terms of section 117 of the Code is not limited to goods only, but also services received in terms of which a payment is required or expected, and someone dishonestly makes off without paying as required or expected, with the intention of avoiding payment on the spot. It can occur to owners of hardware stores and / or liquor stores. It can also happen to inn-keepers, hoteliers and restaurateurs.

R v Aziz [1993] Crim LR 708 (CA) is a famous case of making off involving someone who had hired the services of a taxi, boarded the taxi and arrived and his destination and failed, refused or neglected to pay. Nowadays, it appears that the crime of making off as envisaged in section 117 of the Code in Zimbabwe has largely affected local taxi drivers.

It is thus important for service providers to know the law. Whether one is a taxi driver, a hairdresser, inn-keeper or restaurateur, is it advisable to put in place adequate payment mechanisms so as to limit and / or reduce incidents of customers or guests making off without paying. It is equally important, to report the matter to the Zimbabwe Republic Police (‘ZRP’) as well as to contract a legal practitioner i.e., to obtain legal advice from a duly registered legal practitioner and / or reputable law firm.