Online Reporter
Prosper Dembedza
Herald Correspondent
HARARE provincial magistrate Mr Tapiwa Banda has dismissed an application for discharge at the close of the State’s case by suspected Eastwind land barons Rodgers Pote and Trymore Arineshito, saying they have a case to answer.
Pote and Arineshito are facing charges of contempt of court and carrying out development without approval on an illegal settlement.
In dismissing the application, the magistrate said the State, led by Mr Takudzwa Mutyavaviri, managed to prove a case against the pair, hence they must be put to their defence.
Testifying before Harare magistrate Mr Tapiwa Banda today during trial, City Housing director Mr Addmore Nhekairo said he did not know of any offer letter that was issued to Eastwind with regard to any land in Mabvuku-Donnybrooke.
Responding to a question from the State on how he would respond if Pote and Arineshito told the court that they have permission to occupy that land, Mr Nhakairo said he would dispute that because they haven’t been recommended by the regularisation task force created by the Harare City Council.
During cross-examination, the defence lawyer handed over several documents to Mr Nhekairo, which she said were obtained from the city council and permitted her clients to occupy the land.
Mr Nhekairo disowned all the documents, saying they were fake. Mr Nhekairo further stated that there are numerous complaints of fake documents in circulation.
He said he does not know Eastwind, and no offer letter was given to them in connection with any land in Mabvuku-Donnybrooke.
During the previous court sittings, former Mount Pleasant MP Mr Jason Pasade told the court that Pote and Arineshito hired thugs who unleashed violence before grabbing the land, which his company had developed and allocated stands.
“These guys are land barons and violence is in their DNA, they always use violence by hiring thugs to grab land,” he said.
It is the State’s case that Mr Pasade and his company agreed to develop land on behalf of the Freedom Fighters Development Trust.
Mr Pasade said his company carried out civil works, most of which are already at an advanced stage.
However, the accused persons started illegally selling and allocating stands in the area. Mr Pasade’s company allegedly went to court and acquired a High Court order, which gave it the authority to remove the illegally settled people.
However, the accused persons did not vacate the stands, contrary to the court order.
Prosecutor Takudzwa Mutyavaviri said in November 2023, the High Court issued a provisional order against Eastwind Trust.
After the order was granted, the accused were served by the Sheriff but continued invading the area in violation of the order.
The complainant is Homegram Investments Limited, represented by Mr Pasade.
