Zimbabwe Anti Corruption Commission officer Mr Erick Chacha has opposed bail to suspected fraudster
Harry Muzondo who allegedly defrauded his employer Sensene Investments (Pvt) Ltd US$ 60 000 through selling a stand without consent from the company.
In opposing bail Mr Chacha said Muzondo is likely to flee from this jurisdiction if granted bail.
He added that Muzondo is also likely to interfere with State witnesses
Mr Chacha told the court that the charges facing Muzondo attracts a custodial sentence which might also induce him to abscond.
Sensene Investments (Pvt) Ltd represented by Marshall Jonga as the Chief Operating Officer.
State represented by Rufaro Chonzi alleged that on July 8 2015, the Ministry of Local Government, in line with Zimbabwe’s urban expansion policy, issued a Deed of Transfer to Sensene Investments (Pvt) Ltd for a portion of land at Odar Farm, Harare.
This transfer was part of a national effort to regularize informal settlements and promote structured urban development.
State told the court that the entity was empowered to act as a custodian and intermediary, tasked with collecting compensation payments from existing land occupants.
Upon receipt of these payments, Sensene Investments was to issue title deeds, thereby converting informal tenure into formal legal ownership.
According to court documents on July 19 , 2017, Muzondo , fraudulently sold Stand Number 7650, Odar Farm to Livingstone Garikayi, the sale was executed without the knowledge, consent, or authorization of Sensene Investments (Pvt) Ltd, the legal title holder.
It is alleged Muzondo was fully aware that he had no lawful right or authority to dispose of the stand.
Despite this, he proceeded to misrepresent his position, creating the illusion of legitimacy.
Chonzi told the court that Livingstone Garikayi, acting in good faith and relying on Muzondo’s representations, paid US $60,000.00 for the stand and this payment was made under the assumption that the transaction was valid and that he would receive full legal ownership.
However, due to Muzondo intentional deception, Garikayi suffered actual financial prejudice, losing both the money and the anticipated property rights.
As the result of the misrepresentation made by the accused person, the complainant suffered an actual prejudice of US$60 000.00.
On another count which occured in 2010, the Government of Zimbabwe officially acquired the Remainder of Ador Farm, measuring 605.8092 hectares, making it Stateland.
The court heard that on December 4 2012, Muzondo fraudulently entered into an agreement of sale with Rudo Christine Gorimani and corruptly sold stand
number 6994 of the Remainder of Ador Farm Southlea Park, Harare measuring 2000 square metres.
When Muzondo entered into the agreements of sale, he knew very well that the sale was null and void as he was not the owner of the farm and that the remainder of Ador Farm was a Stateland and it cannot be so.
As a result of this misrepresentation the Zimbabwean government had been prejudice thousands of dollars.
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