Online Reporter
Fidelis Munyoro
Chief Court Writer
Former City of Harare estates manager Emmanuel Mutambirwa has failed in his bid to overturn his conviction and 10-year jail term after the Supreme Court dismissed his application for leave to appeal.
Mutambirwa, who is serving a sentence for criminal abuse of office, had approached the Supreme Court after the High Court rejected his initial request to appeal both conviction and sentence.
Sitting in chambers, Justice Chinembiri Bhunu dismissed the chamber application filed under Rule 20 of the Supreme Court Rules, 2018, citing a lack of merit in the proposed grounds of appeal.
Mutambirwa was convicted in July 2024 for facilitating the illegal creation and sale of commercial stands on municipal land leased to Old Hararians Sports Club.
The State alleged that he acted in concert with the mayor, the acting finance director, and others, in selling the land to three sister companies without following due legal and administrative procedures.
The court heard that the land was public open space under lease to Old Hararians until 2044, and that Mutambirwa, in his capacity as estates and valuation manager, failed to comply with statutory requirements under the Urban Councils Act and the Regional Town and Country Planning Act.
Among the key breaches cited were failure to. give public notice of the council’s intention to sell.
He also failed to initiate a change of reservation process, violating the council’s requirement for public tender for land sales. He sold the land contrary to planning endorsements on subdivision plans.
Mutambirwa denied any wrongdoing, maintaining that he acted within his duties and never intended to prejudice the sports club or show favour to private buyers.
He argued that his role in the stand creation and sale process did not amount to a criminal offence.
His lawyer, Professor Lovemore Madhuku, had argued before the Supreme Court that the trial court erred in its assessment of criminal intent and that his client had reasonable prospects of success on appeal.
However, Justice Chinembiri Bhunu found otherwise. While the court dismissed a preliminary State objection regarding the procedural format of the application, it ultimately held that the application lacked merit on the substance.
“While the applicant may have played a role in the transactions, there was no basis to interfere with the High Court’s findings on criminal liability,” said Justice Bhunu in dismissing the application.
The dismissal means Mutambirwa will continue serving his effective nine-year prison term, with one year already suspended on condition of good behaviour.
Peter Tanyanyiwa