Online Reporter
Herald Correspondent
Harare magistrate Mrs Marehwanazvo Gofa is on Tuesday next week expected to deliver a ruling on the bail application by suspected fraudster Harry Muzondo, who defrauded his employer, Sensene Investments (Pvt) Ltd US$60 000 by selling a stand without the company’s consent.
On Tuesday, Zimbabwe Anti-Corruption Commission officer Mr Erick Chacha opposed the granting of bail to Muzondo, arguing that he was not a proper candidate.
In opposing bail, Mr Chacha said Muzondo is likely to flee from this jurisdiction if granted bail. He added that Muzondo is also likely to interfere with State witnesses
Mr Chacha told the court that the charges facing Muzondo attract a custodial sentence, which might also induce him to abscond.
Sensene Investments (Pvt) Ltd is being represented by its chief operating officer, Marshall Jonga.
The State, represented by Rufaro Chonzi, alleged that on July 8 2015, the Ministry of Local Government, 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 in Harare.
The transfer was part of a national effort to regularise informal settlements and promote structured urban development.
Chonzi 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, 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 for the stand under the assumption that the transaction was valid and that he would get full legal ownership.
However, due to Muzondo’s intentional deception, Garikayi suffered financial prejudice, losing both the money and the anticipated property rights.
On another count, which occurred in 2010, the Government of Zimbabwe officially acquired the Remainder of Ador 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 Ador Farm Southlea Park, Harare, measuring 2000 square metres.
When Muzondo entered into the agreements of sale, he knew that the sale was null and void as he was not the owner of the farm, which was State land.
As a result of this misrepresentation, the Government was prejudiced.
