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Mutumbuka's house theft exposes deeds office
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The theft and forgery of former Education Minister Dr. Dzingai Mutumbuka's title deed have exposed critical flaws in Zimbabwe's property registration system. The nearly three-year legal saga concluded last week with the High Court restoring Dr. Mutumbuka's ownership of his US$600,000 Chisipite home, ordering the occupants to vacate the property.
Stolen and Forged Title Deed
Dr. Mutumbuka's title deed, held at the Deeds Registry, was stolen by Tatenda "Shaft" Wakatama, a boyfriend of Registry supervisor Lynna Mlambo. Using the stolen deed, Wakatama forged documents transferring ownership to Jonah Ngome, who sold the house for US$140,000 - far below market value.
The property was then acquired by Demetria Zirenga and her husband Harrison Marange, who paid only US$45,000 upfront and took occupancy under dubious circumstances.
High Court Ruling
Justice Nyaradzo Priscilla Munangati-Manongwa ruled in favor of Dr. Mutumbuka, declaring the title deed in Ngome's name to be fraudulent, invalid, and of no legal effect. The judge ordered the Deeds Office to expunge all records associating Ngome with the property.
"Ngome, who claims to be the owner of the house through a title deed, has never defended his rights in court. His silence is an acknowledgment of the fraud," said Justice Munangati-Manongwa.
The court also criticized Zirenga and Marange's legal team for pursuing a meritless case, dismissing their application with costs.
Legal and Systemic Concerns
Advocate Edley Mubayiwa, representing Dr. Mutumbuka, highlighted the systemic vulnerabilities that allowed the fraud.
"This case reveals serious shortcomings in the integrity and security of registered property titles in Zimbabwe," Mubayiwa said.
Mubayiwa argued that the Registrar of Deeds failed in its duty, allowing criminals to manipulate the system. He urged reforms to prevent such incidents, noting that registered titles should never be susceptible to theft or forgery.
Timeline of Events
1988: Dr. Mutumbuka acquires the property.
2021: The title deed is stolen, forged, and sold to Ngome, who sells it to the Marange couple.
2023: Dr. Mutumbuka is evicted after a High Court order obtained using the fraudulent title deed.
2024: The High Court rules in favor of Dr. Mutumbuka, restoring his ownership.
Calls for Reform
The case has reignited calls for urgent reforms at the Deeds Registry to safeguard property rights. Measures being suggested include digitization, stricter security protocols, and regular audits to prevent future fraudulent activities.
Dr. Mutumbuka's legal victory is seen as a landmark case, underscoring the need for accountability and transparency in the handling of property records in Zimbabwe.
Stolen and Forged Title Deed
Dr. Mutumbuka's title deed, held at the Deeds Registry, was stolen by Tatenda "Shaft" Wakatama, a boyfriend of Registry supervisor Lynna Mlambo. Using the stolen deed, Wakatama forged documents transferring ownership to Jonah Ngome, who sold the house for US$140,000 - far below market value.
The property was then acquired by Demetria Zirenga and her husband Harrison Marange, who paid only US$45,000 upfront and took occupancy under dubious circumstances.
High Court Ruling
Justice Nyaradzo Priscilla Munangati-Manongwa ruled in favor of Dr. Mutumbuka, declaring the title deed in Ngome's name to be fraudulent, invalid, and of no legal effect. The judge ordered the Deeds Office to expunge all records associating Ngome with the property.
"Ngome, who claims to be the owner of the house through a title deed, has never defended his rights in court. His silence is an acknowledgment of the fraud," said Justice Munangati-Manongwa.
The court also criticized Zirenga and Marange's legal team for pursuing a meritless case, dismissing their application with costs.
Legal and Systemic Concerns
Advocate Edley Mubayiwa, representing Dr. Mutumbuka, highlighted the systemic vulnerabilities that allowed the fraud.
"This case reveals serious shortcomings in the integrity and security of registered property titles in Zimbabwe," Mubayiwa said.
Timeline of Events
1988: Dr. Mutumbuka acquires the property.
2021: The title deed is stolen, forged, and sold to Ngome, who sells it to the Marange couple.
2023: Dr. Mutumbuka is evicted after a High Court order obtained using the fraudulent title deed.
2024: The High Court rules in favor of Dr. Mutumbuka, restoring his ownership.
Calls for Reform
The case has reignited calls for urgent reforms at the Deeds Registry to safeguard property rights. Measures being suggested include digitization, stricter security protocols, and regular audits to prevent future fraudulent activities.
Dr. Mutumbuka's legal victory is seen as a landmark case, underscoring the need for accountability and transparency in the handling of property records in Zimbabwe.
Source - The Herald
