HIGH Court of Zimbabwe Judge, Justice Benjamin Chikowero has slapped former City of Harare officials, Stanley Ndemera and Emmanuel Mutambirwa with 10 years' imprisonment for criminal abuse of duty after they entered illegal land deals.
Ndemera, the former acting finance director, and Mutambirwa, the valuer and estates manager, were arrested by the Zimbabwe Anti-Corruption Commission for illegally parcelling out commercial stands on land leased to Old Hararians Sports Club.
The State case, led by Whisper Mabhaudi and Lovack Masuku, was that between September 2018 and August 2020, the pair facilitated the sale of several stands to Optel Enterprises, Silver Harbour Enterprises, and Leanforth Investment.
Ndemera and Mutambirwa facilitated the sale of the land, which was under an existing lease agreement with the Old Hararians Sports Club.
The sales also contravened the local authority's 2005 resolution prohibiting the sale of land without a public tender process.
In this particular case, the duo failed to secure an environmental impact assessment report and effect proper change of reservation procedures. They failed to comply with the notification requirements demanded by the Urban Councils Act.
At first, four council executives were charged, but former Harare mayor Hebert Gomba, who was the first accused, was discharged at the close of the State's case, while Daniel Usingarohwe, the fourth accused, was acquitted after a full trial.
The other two were convicted after the prosecution proved that they flouted the law in several ways, including selling land that was under an existing lease agreement, disregarding a 2005 council resolution that prohibited such disposal without going to tender, and selling land with no environmental impact assessment.
Early August 2024, Ndemera along with former chamber secretary Charles Kandemiri had their appeal against conviction and six-year jail terms imposed on them over their attempt to sell Mount Pleasant Sports Club and golf course to a private developer thrown out for lack of merit.
The two had approached the Supreme Court challenging both conviction and sentence on charges of criminal abuse of office.
However, after hearing submissions from both the defence and prosecution lawyers, a three-judge appeals panel of Justice Lavender Makoni, Justice Felistus Chatukuta and Justice Hlekani Mwayera, unanimously rejected Ndemera and Kandemiri appeals, without giving immediate reasons.
