Three men in court on fraud allegations

Zim Now Correspondent

Harare City Council chief clerical officer and Greenway Multiple Agency have been taken to court on land fraud allegations.

Felix Chisango, 48, of Parktown, Waterfalls, who is the Harare City Council chief clerical officer, Abel Zhuwao, 50, of Tynwald, director of Greenway Multiple Agency Pvt Ltd and Conwell Mutevhe, 38, of Monavale Road, who is a legal practitioner and managing partner at MC Mukome Legal Practitioners, appeared at the Harare Magistrates’ Courts charged with fraud.

They were granted US$100 bail.

The complainant in this matter is Harare City Council.

The State alleges that on 2018, Lusitania Primary School in Harare identified stand 314 and 315 Athlone Township of Lot 2A Green Grove, Harare as derelict land, through its hired consultant, who is also a town planner, Cannan Mugiya.

The land had been abandoned by its owners the United Services Club for so many years.

No rates were being paid for over 20 years and a caveat had been placed on the property by the court stating that the land could be disposed of without the knowledge of the municipality as it was an interested creditor.

Lusitania Primary School wanted the City of Harare to utilise provisions of the titles registration and Derelict Land Act, Chapter 20:20 so that it could legally acquire title to the land.

It is alleged that Mugiya on behalf of Lusitania Primary School, engaged the City of Harare, informing the Council about this derelict land with the intention to acquire the land as the School wanted to expand by constructing a High School on the stand.

Chisango, it is alleged, who is employed by the Municipality, got access to the information about the derelict land when the City Valuation department wrote to the Chamber Secretary, requesting the City of Harare to proceed in terms of Title Registration and Derelict Land Act.

It is alleged that Chisango then went on to engage Zhuwao to fraudulently acquire the property.

Zhuwao reportedly went on to engage Mutevhe so that they could proceed with applying for registration of title.

Mutevhe then prepared, it is alleged, a High Court application representing Greenway Multiple Agency Pvt Ltd, claiming that the land had been purchased by the company from the trustees of the United Services Club sometime during 2008.

The court heard that to cover up for this misrepresentation, the accused attached a fake agreement of sale which purported to have been done by Greenway Multiple Agency as the buyer and the United States Services Club the seller.

It is alleged that a forged signature of one Amos Kanyongo, who is the director of Greenway Multiple Agency Pvt Ltd, was appended to the document without his knowledge.

Attached to the High Court application was also a founding affidavit purportedly deposed to by Kanyongo and his signature was also on it.

Mutevhe allegedly prepared his application, instead of using his name, he then used the name and details of the senior partner of MC Mukome Legal Practitioners, Mabasa Crispen Mukome, in a way that it would appear as if he was the one who had made it.

The State alleges that he went on to forge Mukome’s signatures on all the court papers as well as inserting and fake company reference on the documents to disguise the identity of the originator.

It is also alleged that Mutevhe then coerced one Tawanda Gondo, a messenger of MC Mukome Legal Practitioners, to lie that he had served Brighton Vito, whom they referred to as a representative of United Services Club yet there was no service that had been done.

On December 1, 2021, due to the alleged fraudulent agenda of the three, the notice of set down for hearing of the matter was placed on unopposed roll since a forged certificate of service to Vito of the United Services Club had been filed.

When the accused allegedly forged the document of sale and made the fraudulent application for the title deeds for the land to the High Court, they knew very well that it did not belong to them.

The High Court then granted the order for change of title unopposed and as a result they got the titles of the land.

Rhe accused went on to sell the land to Refersl Enterprises Pvt Ltd for US$400 000 and the money was shared amongst themselves.

As a result of the accused persons actions prejudiced the Harare City Council an amount equivalent to the rates owed by United Services Club.

It also caused prejudice to the good administration of Harare City Council.