AG flags legal risks in Trabablas interchange land acquisition

The Auditor-General has raised alarm over procedural lapses by the Ministry of Transport and Infrastructural Development in the acquisition of land for the recently completed US$114 million Trabablas Interchange project, warning that failure to notify the Registrar of Deeds could expose the government to costly legal battles.

According to the 2024 Auditor-General's report tabled in Parliament, the ministry did not comply with Section 10(1) of the Land Acquisition Act [Chapter 20:10], which mandates the acquiring authority to formally notify the Registrar of Deeds once land has been vested in the state. The absence of such notification, the report said, leaves room for property owners to fraudulently sell or mortgage land already earmarked for public infrastructure.

"The ministry did not provide evidence that shows notification to the Registrar of Deeds of the expropriated land for Trabablas (Mbudzi) Interchange, so that no other transactions are done on the properties," the report stated. "This creates a legal risk where property owners could dispose of the land or secure loans using title deeds for properties already acquired by the state."

The ministry reportedly told auditors that the notification process would only be done after project completion  -  a position the AG's office challenged, arguing that this leaves the land vulnerable to unauthorised transactions during the construction phase.

The report further criticised the ministry's slow pace in implementing previous audit recommendations. Out of 20 findings raised in the previous year, only seven had been fully addressed, while eight were partially dealt with and five remained unresolved. The AG noted that this trend undermines transparency, accountability, and adherence to legal and regulatory frameworks.

In its response, the ministry acknowledged that compensation for affected property owners had not yet been completed, and thus requesting the surrender of title deeds at this stage could trigger legal disputes.

"The majority of the affected property owners are yet to receive full compensation. It is against this background that the ministry could not ask the affected property owners to relinquish the title deeds," the ministry said.

It added that a post-construction survey would determine the final extent of acquired land, after which updated diagrams would be submitted to the Registrar of Deeds.

However, the AG's office maintained that preliminary notification to the Deeds Office was still necessary to prevent possible misuse of title deeds, even if final documentation would follow later.

President Emmerson Mnangagwa officially opened the Trabablas Interchange in May this year. The junction, which connects Simon Mazorodze, Chitungwiza, and High Glen roads in Harare, is considered a vital traffic decongestion project.

The government contracted Tefoma  -  a consortium comprising Tensor Systems, Fossil Contracting, and Masimba Construction  -  to undertake the US$88 million project. The total cost later escalated to US$114 million after factoring in compensation for displaced property owners, according to Finance Minister Mthuli Ncube.

The Auditor-General has urged the Transport Ministry to strengthen legal compliance and expedite internal reforms to avoid future exposure to litigation and financial loss.