Online Reporter
Prosper Dembedza
Herald Correspondent
Suspected Odar Farm land baron Harry Muzondo has been freed on US$300 bail coupled with stringent conditions after spending a week in remand prison for defrauding land seekers of their hard-earned money.
Investigations by the Zimbabwe Anti-Corruption Commission established that Muzondo defrauded his employer, Sensene Investments (Pvt) Ltd, $60 000 through selling a stand without consent from the company.
As part of his bail conditions, Muzondo was ordered to report once a fortnight at Southlea Park Police Station and to continue residing at his given address until the case is finalised.
Muzondo was also ordered not to interfere with State witnesses.
Some of the beneficiaries who bought land from Muzondo at Odar Farm had their buildings demolished by the actual landowners.
Muzondo and his team have so far filed several applications before the court to try and convince the courts to cancel Sensene Investments (Private) Limited’s rights over that property and have lost in all the cases.
They have also filed another application against the Ministry of Local Government and Public Works and Sensene Investments Private Limited, which is yet to be determined.
Sensene Investments (Pvt) Ltd is being represented by its chief operating officer, Mr Marshall Jonga.
The State, represented by Rufaro Chonzi, alleged that on July 8 2015, the Ministry of Local Government and Public Works, in line with Zimbabwe’s urban expansion policy, issued a Deed of Transfer to Sensene Investments (Pvt) Ltd for a portion of land at Odar Farm, Harare.
This transfer was part of a national effort to regularise informal settlements and promote structured urban development.
The State told the court that the entity was empowered to act as a custodian and intermediary, tasked with collecting compensation payments from existing land occupants.
Upon receipt of these payments, Sensene Investments was to issue title deeds, thereby converting informal tenure into formal legal ownership.
According to court documents on July 19, 2017, Muzondo fraudulently sold Stand Number 7650, Odar Farm to Livingstone Garikayi; the sale was executed without the knowledge, consent, or authorisation of Sensene Investments (Pvt) Ltd, the legal title holder.
It is alleged that Muzondo was fully aware that he had no lawful right or authority to dispose of the stand.
Despite this, he proceeded to misrepresent his position, creating the illusion of legitimacy.
Chonzi told the court that Livingstone Garikayi, acting in good faith and relying on Muzondo’s representations, paid US $60,000.00 for the stand and this payment was made under the assumption that the transaction was valid and that he would receive full legal ownership.
However, due to Muzondo’s intentional deception, Garikayi suffered actual financial prejudice of US$60 000 and the anticipated property rights.
On another count, which occurred in 2010, the Government of Zimbabwe officially acquired the Remainder of Odar Farm, measuring 605.8092 hectares, making it State land.
The court heard that on December 4 2012, Muzondo fraudulently entered into an agreement of sale with Rudo Christine Gorimani and corruptly sold Stand Number 6994 of the Remainder of Odar Farm, Southlea Park, Harare, measuring 2 000 square metres.
When Muzondo entered into the agreements of sale, he knew the sale was null and void as he was not the owner of the farm and that the remainder of Odar Farm was State land, and cannot be sold.
As a result of this misrepresentation, the Government had been prejudiced of thousands of dollars.
