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Nyore Madzianike Senior Court Reporter
Harare Mayor Herbert Gomba and two other top council officials were denied bail when they appeared before different magistrates yesterday.
Gomba appeared before regional magistrate Mrs Bianca Makwande who ruled there was high risk he would interfere with evidence if released on bail.
The court also noted that once the State proves that he was the author of a letter that gave green light to development of the piece of land he allegedly awarded to Taringa Housing Scheme, chances of a prison term were high.
“This would induce him to escape the jurisdiction of the court,” said Mrs Makwande, before dismissing his bail application.
Circumstances leading to Gomba’s arrest are that sometime last year, he allegedly connived with his accomplices, who are yet to be accounted for by police, and altered an approved layout plan belonging to Youth in Business Housing Trust.
In doing so, Gomba and his accomplices, allegedly converted State land into council land and allocated it to Taringana Housing Scheme, with the same plan number that was allocated to Youths in Business Trust.
It is said, Gomba, in his capacity as the ceremonial mayor, originated a memorandum dated February 18, 2020 saying that the Plan for Taringana Housing Scheme had been approaved and council should survey the said piece of land.
The court heard that the letter was misleading and inaccurate since the same plan had been issued and approved by the Ministry of Local Government and Public Works to the Youths in Business Housing Scheme.
Plans to proceed with the piece of land in question had also been set aside by the Town Clerk, but Gomba disregarded such advice, a court heard.
The State alleges that Gomba acted beyond his powers as a ceremonial mayor.
The Environmental Management Agency (EMA) inspected the piece of land and noted that 40 percent of it was a wetland and recommended that the part be left out.
But Gomba allegedly went ahead to demarcate the wetland, in violation of the EMA recommendations.
His actions were said to have shown favour to Taringana Housing Trust and disfavour to Youths in Business Housing Scheme.
Another City of Harare official, Tutsirai Kanojerera, who is the Harare district officer, appeared before Harare Regional magistrate, Mr Trynos Utahwashe, facing fraud and criminal abuse of office charges.
Kanojerera is alleged to have connived with other city officials and identified a piece of land in Strathaven, Harare, and sold it to an unsuspecting homeseeker, Mr Aaron Gomo.
The council is said to have lost US$14 400 while Mr Gomo, according to the State, lost US$22 000 plus $8 694 in the process.
She was not asked to plead to the charges.
The State led by Mr Jonathan Murombedzi and Mr George Manokore opposed to the granting of bail saying she was likely to interfere with witnesses and evade the jurisdictions of the court.
Kanojerera, through her lawyer, told the court that she was a proper candidate for bail and proposed that she pays $2 000 as bail coupled with other conditions.
Mr Utahwashe will make a ruling on her bail application on Monday.
Council acting town planner, Samuel Nyabeze and surveyor Munyaradzi Bowa, also separately appeared before Magistrate Mr Ngoni Nduna facing criminal abuse of office charges.
Nyabeze was represented by lawyer Mr Simon Chabuka, while Bowa was represented by lawyer, Mr Marufu Mandevere.
Both were remanded to Monday for bail application.
Online Reporter