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Court Reporter
Suspended Harare City Council town clerk Hosiah Chisango, suspended director of housing and community services Addmore Nhekairo and town planner Samuel Nyabezi have been acquitted by the Harare Magistrates Court in a case they were accused of issuing stands in Kuwadzana to a land developing company.
Harare magistrate Mr Taurai Manuwere ruled last week that the trio did not offend the law and acted within the provisions of their duties as council officials with regards to availing of the residential stands in Kuwadzana 3.
Their lawyers proved that there was nothing wrong in the manner they gave 13 provisional allocation letters to Ms Getrude Dumba, the managing director of Bluffhope Investments, a consultancy company they had hired to facilitate the procurement, development and survey of stands on their behalf.
Mr Manuwere agreed that the deal was done above board and that Chisango, Nhekairo and Nyabezi acted within their mandate as city council workers when they processed the deal.
Allegations were that sometime in 2019, the trio effected a change of use plan for land in Kuwadzana 3 without seeking Government approval as required under the Urban Councils Act.
The State alleged that Chisango then handed over 13 provisional allocation letters to Ms Getrude Dumba, the managing director of Bluffhope Investments, a consultancy company they had hired to facilitate the procurement, development and survey of stands on their behalf.
The State further alleged that Chisango later instructed Ms Dumba to deposit $130 000 into City of Harare’s bank account for the intrinsic value of the land and then later another $100 000 into a corporate bank account belonging to a company called GlenRoy.
Nhekairo also allegedly instructed Ms Dumba to deposit $100 000 into a CBZ bank account registered in the name of Kennedy Teerechire and the money was deposited into both accounts on December 5, 2019.
It was further alleged that Chisango, Nhekairo and Nyabezi misrepresented to Ms Dumba that council had approved the conversion of the land for residential purposes.
Chisango was being represented by Advocate Ray Goba, Nhekairo was being represented by Mr Batanai Pesanai, while Nyabezi was being presented by Mr Simon Chabuka.
Adv Goba told the court earlier that Chisango acted according to his duties and responsibilities as enshrined in the Urban Councils Act and that it was the State’s onus to prove a criminal conduct.
He accused council works director Isaiah Zvenyika Chawatama for instigating the allegations since they never had a good working relationship.
Nhekairo argued that there was no documentary evidence linking him to the alleged offences.
He said there was no basis to suggest that he received a bribe as the State alleged.
Nyabezi told the court that he could not interfere with witnesses since he had been suspended from work.
Mrs Netsai Mushayabasa prosecuted.
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