Online Reporter
Zvikomborero Parafini
POLITICIAN Jim Kunaka will spend two nights in remand prison after he was arrested in connection with a US$1,5m fraud case.
Kunaka and his accomplice, Cuthbert Molisen Finiyasi, were remanded in custody after they appeared in court yesterday.
The two are expected in court tomorrow for their bail ruling.
They appeared before Harare magistrate Marewanazvo Gofa.
The complainant in this matter is Sunshine Development (Pvt) Ltd which is being represented by Mandla Marlone Ndebele in his capacity as the Chief Projects Officer.
The State alleges that sometime in 2020, Kunaka and Finiyasi, purporting to represent Ward 2 Flats Housing Pay Scheme, allegedly invaded Stand number 19608, Mukuvisi Township, and started some illegal excavations, pegging and selling residential stands.
To redeem their property rights the complainants successfully obtained an order compelling them to stop their illegal activities.
On September 18, 2023, the complainant obtained another interdict against Ward 2 Flats Housing Cooperative Society.
The High Court ordered them to vacate the property within 48 hours of the date of the service of the order.
Despite lacking legitimate ownership of the property the pair, alongside Nomore Mhonde, who is on the run, persisted in their efforts to unlawfully claim Stand Number 19608, Harare Township.
They misled the local District Officer by presenting a compiled list of applications for their pay schemes, which were still under consideration for regularisation and had not yet received Council approval.
Further allegations are that on July 7, this year, the trio engaged Barry Smith Projects and Developers, a company known for civil infrastructure development, to start construction on the stand.
They falsely represented themselves as the rightful landowners under the guise of the “Ward 2 Flats and Housing Scheme.”
Barry Smith, represented by general manager Kawawa James, entered into a memorandum of agreement with the trio.
The obligation of the parties was that Barry Smith Projects would develop the land and get 55% of the total residential stands and one commercial stand as remuneration for the land development services.
Barry Smith Projects mobilised earthmoving equipment and deployed the equipment on the site.
A cabin and fence were erected as the site office. Barry Smith Projects opened roads and the company has spent approximately US$70,000 developing the land.
As a result of this misrepresentation, Sunshine Development suffered a potential prejudice of US$1.5 million.
