admin
As the bitter struggle for the control of Odar Farm intensifies, a rotten can of worms has since been unearthed as senior Government officials and individuals are facing allegations of abuse of authority and processes.
Senior officials from the Ministry of Lands and Rural Resettlement and the Ministry of Local Government, Public Works and National Housing stand accused of criminal abuse of authority as they are allegedly conniving with a “few, rich individuals” to milk poor residents of millions of dollars.
As the “Southlea saga” drama unfolds, residents have since reported Mr George Mlilo, the permanent secretary in the Ministry of Local Government, Public Works and National Housing and the ministry’s principal director, Retired Colonel Joseph Mhakayakora, to the police.
A docket for criminal abuse of office has since been opened against the pair at Harare’s Waterfalls Police Station.
Eng Mlilo was not at work last week and all questions were referred to Col Mhakayakora who absolved himself of any wrongdoing.
“There is no issue here, these people have been everywhere. They are trying to find a loophole so that they avoid payment. If we committed a crime, then the law will definitely take its course,” Col Mhakayakora said.
Pinnacle Holdings had not responded to questions sent to them by the time of going to print.
However, investigations carried out by this publication unearthed a litany of inconsistencies and misrepresentations in the manner in which Odar Farm ended up in the hands of businessman Dr Phillip Chiyangwa. Court papers clearly indicate that before Odar Farm was compulsorily acquired by Government in 2006, the land belonged to the Mashonaland Tobacco Association, a company owned by former white commercial farmers.
In an affidavit signed by Andrew Ferreira on behalf of MTA, the association initially gave Dr Chiyangwa special power of attorney to run its affairs, in particular issues to do with Odar Farm.
Part of the founding affidavit reads, in part:
“I, Andrew Roy Ferreira, I do hereby nominate and appoint Phillip Chiyangwa . . . with power of substitution to be our lawful agent in our name, place and stead and to be our general attorney and agent for managing and transacting all our affairs in Zimbabwe in respect of certain piece of land, being the remainder of Odar Farm measuring 605 hectares.”
Again in court papers, Ferreira highlighted that in 2001, the MTA resolved to restructure its assets which included the remainder of Odar Farm.
The Association resolved to transfer the property into a company called Sensene Investments. According to Ferreira, the company was wholly owned by Abington Investments, which was itself a subsidiary of Vanac Holdings. Vanac Holdings was listed as the investment arm of the Association.
However, the intended transfer to Sensene could not take place since the property was listed for compulsory acquisition by Government.
In June 2006, Government listed the property for acquisition in the Government Gazette but did not apply to have the acquisition confirmed by the Administrative Court within 30 days as required by Section 7 of the Land Acquisition Act.
The MTA tried but failed to exploit that loophole to declare Sensene the beneficial owners of Odar Farm.
After losing its case in the High Court, the MTA appealed to the Supreme Court but still lost the case.
Surprisingly, despite the court rulings, the matter was “settled” by the Ministry of National Housing and Social Amenities when it granted authority to conclude negotiations with individual members of the Odar Housing Consortium who were willing to pay compensation directly to Dr Chiyangwa. A Mr S Sibanda, a director in the Ministry of National Housing and Social Amenities, wrote to both Dr Chiyangwa and the Odar Housing Consortium advising them that the farm belonged to the businessman.
“Government noted that some of the beneficiaries have already come to an understanding with the owner regarding compensation levels and there are those willing to conclude with the owner directly, in this case, it will be redundant for the Government valuer to proffer a valuation . . . ,” reads part of the letter.
In a letter dated March 9, 2015, Eng Mlilo wrote to the consortium confirming Dr Chiyangwa as the rightful owner of Odar Farm.
“Compensation should be paid to Sensene Investments (Pvt) Ltd, who are the owners of Odar Farm,” Eng Mlilo wrote in this letter which was addressed to Mr Ben Matenga, the chairman of the consortium.
But residents are insisting that they never reached an out-of-court settlement with Dr Chiyangwa, who is reported to be demanding $150 “registration fee”.
As the “owner” of the land, Dr Chiyangwa will then decide what price he will charge the occupants for the stands.
Residents, who have since disowned the Odar Housing Consortium management, accusing it of “supping with the devil,” dismissed the out-of-court settlement as a fraud.
“Who signed on behalf of the residents? As residents, we never engaged Dr Chiyangwa. This so-called settlement is clearly a fraud that we are dismissing with the contempt that it deserves,” said Mr Elijah Marengera, a resident.
Residents are not happy with the Government entering into an out-of-court settlement without involving them.
“Government, if it has, indeed, done so, should have known that it was exposing residents to abuse and that the residents stood to suffer massive prejudice,” said Mr Clever Pindura, another resident.
Observers say allowing a farmer to claim compensation directly from beneficiaries may set the wrong precedent as all white farmers could come back and use this case as an example.
Mr Marengera, who was part of the group that went to Waterfalls Police Station to press charges against Eng Mlilo, said the residents will soon approach the Constitutional Court.
“We are not going to give Dr Chiyangwa a cent. This is a constitutional case and we are going to the Constitutional Court,” Mr Elijah Marengera added.
Despite being listed in recent Press adverts on the police wanted list, Mr Matenga and Mr Manyuchi, the consortium’s administrator, are freely roaming the capital’s streets.
“Who says I am on the run? On the run from what? We are currently negotiating and consulting with Dr Chiyangwa and I don’t want to make further comments since doing so might jeopardise the negotiations,” Mr Matenga.
Residents allege that the notices that appeared in the media alleging that the Odar Housing Consortium management team was on the run was meant to intimidate residents into forcing them to pay.
“I know these people, some of them are my neighbours. They were never on the run. The media blitz alleging that they are on the run is not only misleading but a deliberate effort to instill fear in the residents. We will not be frightened by this threats of arrest and will fight to the bitter end,” said Mr Wisdom Chitsveta, a resident.
Online Reporter