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THE Zimbabwe Anti-Corruption Commission (ZACC) has been accused of meddling with private matter between a local real estate and lawyer Absolom Muchandiona.
This emerged when acting Local Government state lands director Mlindeli Sayi and a private company were hauled before the courts facing fraud charges after they allegedly "repossessed state land which had been sold and fully paid for" and he is jointly charged with the latter.
The two deny the allegations and in their warned and cautioned statement said the complainant and ZACC were being sinister.
Through their lawyer Munyaradzi Bwanya, Sayi and and his co-accused argued that the ZACC had failed to investigate how the complainant, Muchandiona was allocated land reserved for civil servants.
They also stated that the relationship between accused and complainant is contractual arguing that Muchandiona had ignored his contractual obligations.
They further argued that ZACC and the complainant want to undermine government policy on State land.
Bwanya said Muchandiona confirmed writing to the Ministry that the accused refunded him on 11 September 2020 and that, he never suffered any loss.
Sayi and his co-accused further argued that ZACC had no authority to interpret civil agreements saying it's unlawful and corrupt.
On these grounds, he challenged placement on remand before the matter was pushed to April 27 for continuation of hearing.
The duo appeared before magistrate Stanford Mambanje who remanded them out of custody on free bail.
According to court papers, Sayi allegedly transferred a residential stand that has been paid for US$46 518 by another client.
According to the state, on June 7, 2007, the Ministry of Local Government, Public Works and Urban Development, Sally Mugabe Housing Co-operative and the third party entered into a Tripartite Partnership Agreement for the development of one hundred and fifty-four residential stands in Carrick Creagh.
According to the Agreement the Ministry had the role of facilitating title survey, issuing of Title Deeds and to assist the Developer in obtaining access to the necessary infrastructure facilities and utilities.
It is alleged in 2006, Muchandiona applied for a residential stand through the Ministry of Local Government public Works and National Housing Scheme and in May 2008, the complainant was allocated Stand No. 74 Carrick Creagh, Borrowdale, Harare, measuring 7010 square metres.
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"On the same date he signed a Lease Agreement and made an initial payment."
It is further alleged that in November 2008, the Complainant was advised by the Ministry through a letter Ref: LB/11/74 to approach the developer and make arrangements for the payment of infrastructural service costs.
It is alleged that In 2010 pursuant to the verbal agreement between the complainant and one of its representatives, a total of US$21 792 was paid towards development costs.
On September 14, 2017 the complainant received a letter from the latter indicating that he owed US$103 491.
On July 16, 2020 Complainant paid US$103 500 the amount that had been highlighted by the developer as amount owing in terms of development fees.
It is alleged that on May 31, 2021, Sayi allegedly connived with the developers to repossess the stand and transfer ownership to Abraham Murwira, generated a letter to the complainant indicating that he owed US$236 633.46 which they misrepresented as outstanding development fees while aware that the complainant had met all his obligations with the Ministry of Local Government.
The court further heard that despite the payment, the accused proceeded to generate a letter dated March 31 2021 to Sayi indicating that Stand no. 74 should be transferred to Murwira.
The state alleges the accused's wanted to deceive the complainant by misrepresenting facts saying the complainant suffered US$46 518.
