Sheriff charged with fraud

SHERIFF of the High Court, MacDuff Madega, who allegedly auctioned a property twice without disclosing to parties involved sometime in 2012, yesterday appeared in court charged with fraud.

Madega, who was represented by lawyer Mr Oliver Marwa, was not asked to plead to the charges when he appeared before magistrate Mr Stanford Mambanje.

He was remanded to July 28 on $20 000 bail.

The State led by Mr Lancelot Mutsokoti alleges that in 2002, John Max Chinyanganya and his wife Agnes bought a property, No.283 Philadelphia of Sherwood Park, Harare from Miriam Tose Majome for $9 500 000 and the title of the property was in the name of Mai-Kai Real Estate Trust and they did not effect title change at the time.

In 2011 Madega, by virtue of being the Sheriff of the High Court, attached the property over a dispute between Clareta Chirenda and Mai-Kai Real Estate.

Chinyanganya allegedly came across an auction advertisement of the property in a newspaper and approached Madega and objected to the sale of the property indicating they had fully purchased the property from Miriam Tose Majome who had purchased it from Mai-Kai Real Estate Trust.

Allegations are that despite the objection Madega allowed the auction to proceed and it was won by one Rangarirai Gwendere.

Chinyanganya through his lawyer served Madega with a letter objecting to the confirmation of the sale to Gwendere.

After the auction, Madega allegedly convened a meeting which was attended by Gwendere, Chinyanganya and his lawyer where the objection was heard.

Madega also allegedly allowed Chinyanganya's objection and directed him to pay Gwendere US$6 000 administration fees that he had incurred in participating in the auction which he paid.

Madega reportedly gave Chinyanganya a copy of the title deed so that he could forward it to lawyers who represented Mai-Kai Real Estate Trust so that they would complete the transfer of the title deed into their names.

Lawyers TH Chitapi and Associates failed to complete the transfer of the property due to a caveat which had been placed prior by Madega on February 6 2011.

Chinyanganya reportedly told Madega about the caveat and he verbally assured that since the issue with Gwendere had been resolved he was going to lift the caveat on the property to facilitate the transfer.

It is said that in February 2012 Madega placed the same property for sale through public action for the same case.

The auction was held in February 2012 and Clereta Chirenda participated and was declared the highest bidder for US$32 000.

Madega allegedly indicated to Chirenda that the bid was too low and she offered US$46 000 which he accepted and sold the property under a private treaty.

He also allegedly misrepresented to Chirenda that the property still belonged to Mai-Kai Real Estate yet he had accepted the objection made by Chinyanganya and his wife in an earlier auction that he had conducted and had even advised them to change title of the property into their names.

As a result of the misrepresentation made to Chirenda she managed to purchase the property which she went on to sell to Allan Mukandiona and Netsai Mukandiona to the prejudice of Chinyanganya and his wife.