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decision to set up a tribunal to probe his land deals with the council.
He is also challenging the composition of the probe team, which he claims is anti-Zanu- PF and likely to be biased against him. The land transactions between Mr Chiyangwa’s two firms, Pinnacle Holdings and Kilima Investments, took place between October 2004 and December 2009.
In September this year, council constituted the Independent Land Investigation Tribunal to probe the land sales, leases and exchanges that involved the municipality and the two companies.
Former Attorney General Andrew Chigovera, Retired Supreme Court judge Justice Ibrahim and Mrs Sarah Kachingwe from the civil society constitute the probe team. Through his lawyers, Mutamangira and Associates Mr Chiyangwa filed the application at the High Court on November 4. He argues that council being an interested party that participated in the land transaction could not have constituted the probe team.
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He argues that the tribunal would not deliver any justice and that the risk of bias towards council could not be overruled in the circumstances. The business mogul challenges the composition of the tribunal chosen by council, which had a bone to chew with him.
He says the idea was calculated at wrestling property belonging to his two firms. City of Harare, he says, as an interested party, was determined to condemn the transactions so that it may create an excuse to confiscate applicants’ property without making restitution.
Mr Chiyangwa described the tribunal as “a kangaroo tribunal”. According to the application, there was danger of bias, interest, and lack of independence on the part of the whole committee.
Harare mayor Mr Muchadeyi Masunda, according to the court application, was the one who proposed names of the tribunal members and he was cited as second respondent in the court application.
“There is a clear danger of bias. It cannot be denied that council will have influence over the tribunal. I submit that council is seeking to act as a judge in its own cause under the disguise of the investigating tribunal,” the application read.
In his affidavit, Mr Chiyangwa stated that council approached him in 2007 offering to sell to Pinnacle stand Number 625 of Lot 7A of Mandara for Z$200 601 000 000 (billion). Pinnacle then successfully negotiated for the price to come down to Z$160 billion and in terms of the agreement the company was supposed to pay as consideration for the stand, two Land Rover defenders valued at Z$55 billion each and Z$114 280 000 000 cash.
“A binding and an enforceable contract thus came into existence between the parties. First applicant (Pinnacle) tendered payment in the sum of Z$114 280 000 000 and delivered the vehicles as agreed.
“I believed that everything was in order and I proceeded to accept the property on behalf of first applicant, which belief I was entitled to hold and still hold. I am advised that when an individual deals with a corporate body, he is entitled to assume all persons who purport to act on behalf of the body corporate have the requisite legal authority to do the acts that they will be purporting to do.
“As such I was not wrong to believe that the individuals who were transacting in the place and stead of council had the requisite authority to validly enter into binding contracts on behalf of council.”
In another case, council wrote to Kilima Investments on November 9, 2007 proposing a land exchange transaction in respect of Stand 389 of Derbyshire owned by Kilima with a council residential piece of land, stand Number 19345 of Gunhill in Harare. The deal was stopped on the strength of a ministerial directive and council opted to offer Kilima five pieces of land in lieu of Stand19435 Gunhill. Mr
Chiyangwa is challenging the composition of the tribunal saying the individuals appointed were likely to be biased against him.
He argued that the tribunal was likely to fix him for being a member of Zanu-PF.
“Andrew Chigovera is former Attorney General of Zimbabwe. The circumstances relating to his resignation, although unclear show that it was unceremonious.
“It is common knowledge that he did not have good relations with the then Zanu-PF Government, which I was part of as MP. Justice Ibrahim is a former Supreme Court judge who resigned at the age of 65. It is reported by the ESPN Cricket Information website that during his tenure as a Supreme Court judge, he delivered some judgments that were directly opposed to the then Zanu-PF Government in that at one time, he came under pressure to step down.
“Sarah Kachingwe is involved in civil society in Zimbabwe. She comes from a section, which is full of Western funded conduits and pundits of regime change. There is no doubt in my mind that she cannot objectively discharge her mandate in this matter . . . “
Mr Chiyangwa argues that the tribunal was set after the media had already damaged him and the two companies following an initial report that he described as highly defamatory. Council lawyer, Mr Alec Muchadehama, said they were yet to get instructions on the matter from their client.
“I only heard about the case. It was served on council. I believe it is on its way to our office. We are yet to get instructions on that one. As of now I cannot comment on it until I have read the papers,” said Mr Muchadehama.
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