News / National
Missing docket haunts acting PG
30 May 2022 at 01:59hrs | Views
ACTING prosecutor general Nelson Mutsonziwa has been reported to the Zimbabwe Anti-Corruption Commission (Zacc) by a Harare businessman on allegations of destroying a docket in a case involving a land dispute.
Mutsonziwa, who was the deputy public prosecutor (DPP) during the then attorney general (AG) Johannes Tomana's term allegedly requested the docket in 2014, which is now missing from the registry.
Chemist Siziba had reported Harare fellow businessman Craig John William Danckwerts to the police after he sold 300 hectares of land to him before allegedly filing fraudulent forms at the Registrar of Deeds offices purporting to be still the owner of the land.
According to the police investigations after concluding the property transfer deal with Siziba, Danckwerts caused the businessman's arrest after accusing him of stealing his property.
The land in question, located near Harare International Airport, is identified in court documents as Lots 4 and 5 of Arlington Estate measuring 200,0347 and 104,0809 hectares respectively.
The State alleges that sometime in December 1998, Siziba, through his firm Hawkhope Investments purchased the entire share capital of Danckwerts' two firms trading as Nyland Enterprises and Great-Insight Investments.
Both firms fell under Danckwerts' holding company Danbro Holdings.
On August 25, 1999, it is alleged Danckwerts alongside one Paul Rijk Peacey, resigned as directors of the two firms leading to Siziba, Margret Siziba and Bernadette Sekai Veteranwa assuming control of the two firms as the new directors.
However, sometime between 2011 and 2012, Danckwerts turned against Siziba, and caused his arrest after accusing him of stealing his firms.
But police investigations revealed that Danckwerts had allegedly submitted a fraudulent form to the Registrar of Companies between February 2011 and May 2012 purporting to be still a director of the firms at the centre of the controversy.
Danckwerts allegedly appointed former Mashonaland East Zanu-PF provincial chairperson Ray Kaukonde, Jeremy Brooke and one Samson as directors.
Kaukonde and Samson later resigned.
According to Siziba, Danckwerts was being represented by Mutsonziwa's relative the late Arthur Mutsonziwa of Atherstone and Cook legal practitioners.
The matter also spilled into the High Court and all the records are still missing.
Siziba's lawyer Munyaradzi Bwanya in a letter copied to the police commissioner general Godwin Matanga, Zacc, Special Anti-Corruption Unit, speaker of Parliament Jacob Mudenda, Justice minister Ziyambi Ziyambi, chief Secretary to the president and Cabinet Misheck Sibanda chronicled the events leading to the docket disappearing from the registry.
It was alleged that when Danckwerts's trial was about to kick off before magistrate Sandra Mupindu in 2014, one Mubhawana from the AGs office entered the courtroom requesting the docket on behalf of Mutsonziwa.
"We are also advised that you (Mutsonziwa), acting in your capacity as (Michael) Reza's superior, personally requested that the docket be brought to you for review and the trial be temporarily stopped.
"This was advised to the court, the witnesses and the complainant at the time.
"Thereafter you summoned our client (Siziba) to your office and ordered him to withdraw the case against the accused (Danckwerts) and threatened to send him to prison," Bwanya said in the letter.
"The docket has not been returned to Harare magistrates criminal court since March 2014 with the result that the criminal case against Danckwerts is effectively stayed without explanation, our client is left to wonder…"
"Your conduct naturally raises suspicions that you were in breach and continue to be in breach of your constitutional duties and in which case, your continued occupation of that office is not in the public or national interest."
The lawyer said Mutsonziwa must avail the docket tomorrow before threatening to file criminal abuse of office charges.
Mutsonziwa, who was the deputy public prosecutor (DPP) during the then attorney general (AG) Johannes Tomana's term allegedly requested the docket in 2014, which is now missing from the registry.
Chemist Siziba had reported Harare fellow businessman Craig John William Danckwerts to the police after he sold 300 hectares of land to him before allegedly filing fraudulent forms at the Registrar of Deeds offices purporting to be still the owner of the land.
According to the police investigations after concluding the property transfer deal with Siziba, Danckwerts caused the businessman's arrest after accusing him of stealing his property.
The land in question, located near Harare International Airport, is identified in court documents as Lots 4 and 5 of Arlington Estate measuring 200,0347 and 104,0809 hectares respectively.
The State alleges that sometime in December 1998, Siziba, through his firm Hawkhope Investments purchased the entire share capital of Danckwerts' two firms trading as Nyland Enterprises and Great-Insight Investments.
Both firms fell under Danckwerts' holding company Danbro Holdings.
On August 25, 1999, it is alleged Danckwerts alongside one Paul Rijk Peacey, resigned as directors of the two firms leading to Siziba, Margret Siziba and Bernadette Sekai Veteranwa assuming control of the two firms as the new directors.
However, sometime between 2011 and 2012, Danckwerts turned against Siziba, and caused his arrest after accusing him of stealing his firms.
But police investigations revealed that Danckwerts had allegedly submitted a fraudulent form to the Registrar of Companies between February 2011 and May 2012 purporting to be still a director of the firms at the centre of the controversy.
Danckwerts allegedly appointed former Mashonaland East Zanu-PF provincial chairperson Ray Kaukonde, Jeremy Brooke and one Samson as directors.
According to Siziba, Danckwerts was being represented by Mutsonziwa's relative the late Arthur Mutsonziwa of Atherstone and Cook legal practitioners.
The matter also spilled into the High Court and all the records are still missing.
Siziba's lawyer Munyaradzi Bwanya in a letter copied to the police commissioner general Godwin Matanga, Zacc, Special Anti-Corruption Unit, speaker of Parliament Jacob Mudenda, Justice minister Ziyambi Ziyambi, chief Secretary to the president and Cabinet Misheck Sibanda chronicled the events leading to the docket disappearing from the registry.
It was alleged that when Danckwerts's trial was about to kick off before magistrate Sandra Mupindu in 2014, one Mubhawana from the AGs office entered the courtroom requesting the docket on behalf of Mutsonziwa.
"We are also advised that you (Mutsonziwa), acting in your capacity as (Michael) Reza's superior, personally requested that the docket be brought to you for review and the trial be temporarily stopped.
"This was advised to the court, the witnesses and the complainant at the time.
"Thereafter you summoned our client (Siziba) to your office and ordered him to withdraw the case against the accused (Danckwerts) and threatened to send him to prison," Bwanya said in the letter.
"The docket has not been returned to Harare magistrates criminal court since March 2014 with the result that the criminal case against Danckwerts is effectively stayed without explanation, our client is left to wonder…"
"Your conduct naturally raises suspicions that you were in breach and continue to be in breach of your constitutional duties and in which case, your continued occupation of that office is not in the public or national interest."
The lawyer said Mutsonziwa must avail the docket tomorrow before threatening to file criminal abuse of office charges.
Source - The Standard
