daniel chigunwe
Yeukai Karengezeka
Court Correspondent
TWO suspected land barons appeared in court yesterday on fraud charges after allegedly seizing and illegally developing a property belonging to Sunshine Development (Pvt) Ltd, a joint venture between the City of Harare and Augur Investments.
Cuthbert Molisen Finiyasi (71), chairperson of Arcadia Ward 2 Flats, and committee member Jimu Kunaka (46), were arraigned before Harare regional magistrate Mrs Marehwanazvo Gofa.
They were remanded in custody to today after the investigating officer opposed their bail application.
The complainant, Sunshine Development, was represented in court by its chief projects officer, Mandla Marlone Ndebele.
According to the State, the case involves land under stand number 19608 in Mukuvisi Township, registered under Deed Number 7802/2008.
The land forms part of a public-private partnership (PPP) designed to drive urban development, including residential and commercial infrastructure.
Prosecutor Mr Rufaro Chonzi told the court that in 2020, Finiyasi and Kunaka, claiming to represent the Ward 2 Flats Housing Pay Scheme, fraudulently occupied the land.
They allegedly carried out illegal excavations, pegging, and sold residential stands without approval.
Sunshine Development obtained a court interdict ordering the accused to stop their activities and vacate the property.
On September 18, 2023, the High Court further directed the Ward 2 Flats Housing Cooperative Society to leave the land within 48 hours.
Despite the ruling, and despite having ceased to be cooperative members in 2019, the pair allegedly continued allocating stands illegally.
The court also heard that the accused submitted a fraudulent list of housing applicants to local authorities, falsely claiming they were awaiting council approval for a pay scheme.
On July 7, 2025, Finiyasi and Kunaka, together with an accomplice still at large, Nomore Mhonde, allegedly entered into a memorandum of agreement with Barrysmith Projects and Developers, represented by general manager Kawawa James.
Under the deal, Barrysmith was to develop the land in return for 55 percent of the residential stands and one commercial stand.
Barrysmith mobilised machinery, fenced the property and constructed roads up to subgrade level at a cost of about US$70 000.
However, prosecutors said the accused misrepresented themselves as the rightful owners of the property under the guise of “Ward 2 Flats and Housing Scheme.”
As a result, Sunshine Development suffered potential prejudice estimated at US$1,5 million.
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