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Prosper Dembedza
Herald Correspondent
The Director State Land in the Ministry of Local Government and Public Works, Sayi Mlindeli (50), was yesterday back in court on fraud charges involving US$46 518.
Mlindeli, who is jointly charged with a property developer for fraud, appeared before Harare regional magistrate Mr Stanford Mambanje, who deferred the matter to Thursday next week.
This came after the defence lawyers applied for refusal of placement on remand arguing that the accused persons had been arrested and “dumped” at court when investigations were still incomplete.
The court heard that on June 7, 2007, the Ministry of Local Government, Public Works and Urban Development, Sally Mugabe Housing Co-operative and Property Developers entered into a Tripartite Partnership Agreement for the development of 154 residential stands in Carrick Creagh, northern Harare.
According to the Agreement, the Ministry had the role of facilitating title survey, issuing of title deeds and to assist the developer in obtaining access to the necessary infrastructure facilities and utilities.
Clause 3.3 gave the developer mandate to provide on-site infrastructure, roads, storm water drainage, water supply and reticulation, electricity reticulation and provision of sewerage disposal (septic tanks).
In 2006, the complainant Mr Absolom Muchandiona applied for a residential stand through a scheme run by the then Ministry of Local Government, Public Works and National Housing.
It is alleged that in May 2008, Mr Muchandiona was allocated Stand No. 74 Carrick Creagh, Borrowdale, Harare, measuring 7 010 square metres.
On the same date he signed a lease agreement and made an initial payment.
In November 2008, the complainant was advised by the Ministry through a letter Ref: LB/11/74 to approach Property Developers and make arrangements for the payment of infrastructural service costs.
It is alleged that in 2010, pursuant to the verbal agreement between the Mr Muchandiona and Property Developers, a total of US$21 792 was paid to the Property Developers towards development costs.
On September 14, 2017, the complainant received a letter from Property Developers indicating that he owed US$103 491
On December 11, 2018, the complainant received a letter confirming that he must engage the Ministry of Local Government to initiate the process of title registration. On July 16, 2020, the complainant paid US$103 500, the amount that had been highlighted by Property Developers as amount owing in terms of development fees.
Mlindeli, on May 31 2021, acting in connivance with Property Developers and with the intention to fraudulently repossess Stand Number 74 and transfer ownership to Abraham Murwira, generated a letter to the complainant indicating that he owed US$236 633.46, which they misrepresented as outstanding development fees, well knowing that the complainant had met all his obligations.
Despite the payment made by the complainant, Property Developers proceeded to generate a letter dated March 31, 2021 to Mlindeli, indicating that Stand Number 74 should be transferred to another individual named Abraham Murwira.
Despite having received a letter from the complainant dated June 14, 2021 where he was highlighting that he had paid the development fees in full, Mlindeli went on to repossess Stand Number 74 through a letter, which he wrote to the complainant dated August 17, 2022.
Investigations established that complainant had paid in full the intrinsic value of the land and the development fees and had actually been instructed to initiate title registration process.
It was further established that Mlindeli and his accomplices working in common purpose allegedly decided to deceive the complainant by misrepresenting facts that he owed development fees and therefore his stand had been resold.
Mlindeli made the misrepresentation through a letter dated May 31, 2021 when they knew very well that he had paid in full for the development fees as per the letter addressed to him dated December 11, 2018.
It was further established that despite the complainant explaining to Mlindeli in a letter dated March 31, 2021, the accused persons proceeded in accordance with their common purpose and Mlindeli wrote a letter dated August 1 2022 advising complainant that they had repossessed his stand.
Investigations established that Mlindeli received a letter dated June 14, 2021 from the complainant giving a detailed account of the correct position of his stand with regards to payment of development fees.
As a result of the accused persons misrepresentation, the complainant suffered an actual prejudice of US$46 518 and $103 500 (in local currency).
Although they are still to be put to their defence in court, the accused persons however denied any wrongdoing in their warned and cautioned statement to investigators which is annexed to the court papers.
They claimed that the Zimbabwe Anti-Corruption Commission (ZACC) had failed to investigate how the complainant, a private person who was not eligible to benefit from the housing scheme, was allocated the stand reserved for civil servants.
They also said the relationship between accused and complainant was contractual further claiming that Mr Muchandiona ignored his contractual obligations.
They further argued that accused reimbursed the complainant’s money through a deposit into Mr Muchandiona’s Ecobank account on 11 September 2020 and that he never suffered any loss.
They averred that ZACC had no authority to interpret civil agreements.
Mlindeli was first arrested by ZACC investigators in February this year on allegations of corruptly authorising the sale of 50 housing stands in northern Harare and later authorising a trivial payment for the stands, thereby prejudicing the State of nearly $800 million.
Mlindeli appeared at the Harare Magistrates Court on February 22 facing charges of criminal abuse of duty and was released on $150 000 bail pending trial.
Mlindeli allegedly authorised the sale of the 50 stands which had been set aside as collateral in the event of beneficiaries defaulting on payment of their development fees.
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