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Mathew Masinge
FORMER Harare Mayor Herbert Gomba has been acquitted in a case he was accused of altering an approved layout plan which was allocated to three others.
Gomba was jointly charged with former City of Harare acting finance director Stanley Ndemera, city valuer and estates manager Emmanuel Mutambirwa and valuation technician Daniel Usingarahwe.
The High Court has cleared Gomba and Usingarahwe after the State led no incriminating evidence against the duo at the close of its prosecution.
However, Ndemera and Mutambirwa have been found guilty as charged and are awaiting sentencing.
Allegations were that during the period extending from September 2018 to August 2020, Ndemera and Mutambirwa acted in concert to facilitate the creation and sale of commercial stands on land, which was already on lease to Old Hararians Sports Club, to three sister companies, without following lawful procedure.
After a full trial High Court judge, Justice Banjamin Chikowero found out that the agreements were not in line with provisions governing sale of urban land.
“Such sales were not in line with the statutory provisions governing sale of urban land.
“The resolutions contained in the Minutes of the Finance and Development Committee meeting of 20 October 2019 and 30 October 2019 are not resolutions of Full Council yet the land was sold to Optel, Silver Harbour and Learnforth on the basis of such resolutions as if they were Full Council Resolutions,” reads the judgment.
Judge Chikowero said the duo’s actions were criminal.
“That was criminal. That the three handpicked companies were unlawfully favoured is beyond doubt.
“That some other persons in the employ of the Council may have been complicit in the commission of the offence does not detract from our finding that the State has proved its case against the second and the third accused persons beyond reasonable doubt.
“We so find Ndemera guilty as charged, Mutambirwa guilty as charged and Usingarahwe not guilty and acquitted,” reads the ruling.
Online Reporter