Prosper Dembedza, Herald Correspondent
Two former Chitungwiza Municipal acting directors facing charges of criminal abuse of office had their applications, to be removed from remand, dismissed by the court handling their case yesterday.
Former Chitungwiza Municipality acting director of works Morris Kwanisayi and former acting director of housing and community services Kennedy Dube had been charged after they tried to repossess a stand largely developed and reallocate it to another person.
In her ruling, magistrate Mrs Marehwanazvo Gofa said removing the two from remand would be prejudicial to the State and the interests of justice.
The court heard that on August 16, 2010, the complainant was offered residential Stand 33047 of 300 square metres in Unit N, Seke by Chitungwiza Municipality.
In March 2014, the complainant made developments on the residential stand through the guidance of the Makoni District planning offices and completed the structure up to window level.
In June 2015, the complainant left for South Africa in search of greener pastures and left the stand under caretaker Tawanda Chapasuka.
But in January 2016, the two acting directors instructed Tendai E Mandihlare, a general hand, to go and assess the status of the stand.
In February 2016, Mandihlare visited the stand on instruction from Dube and submitted a report which indicated that the area was built up and recommended that the area be serviced.
Instead, on February 1, Kwanisayi submitted a report misrepresenting that the stand was not occupied and told Dube to proceed to reallocate the same stand, claiming it risked being invaded.
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He deliberately disregarded Mandihlare's report which stated that the area was built up and requiring servicing.
The court heard that Dube then offered the stand to Brighton Garura without following due procedures for allocation and repossession of residential properties as regulated by law, which stipulated that repossession procedures include advertising in the national press with 21 days for representations.
Further, the law dictates that repossession can be resorted to, on stands that would not have been developed after the expiry of five years from the date of allocation, in terms of the lease agreement.
The two directors ignored the regulations despite being fully aware of them, amid suspicion that the intention was to confer an undue and illegal favour to Garura, while unfairly prejudicing the complainant.
