Zanu PF members acquitted

THE High Court has acquitted two land dealers from Brickstone Company who were accused of defrauding home-seekers through the sale of residential stands in Marimba, Harare, which were later demolished by the City of Harare.

Lilian Chitanga and Spencer Mabheka were arrested last year following the demolition of houses constructed on the disputed land, a case that had attracted significant public attention and involved allegations of fraud amounting to US$1,5 million.

The two were acquitted at the close of the State's case by High Court judge Justice Benjamin Chikowero, who ruled that the prosecution had failed to prove the essential elements of fraud.

Court proceedings heard that between April 1, 2021 and December 31, 2022, the accused allegedly misrepresented that Brickstone Company had been allocated land in the Belvedere Ridge View area by the Ministry of Local Government and Public Works, and that they had authority to develop and sell residential stands.

It was further alleged that the City of Harare had approved subdivision of the land into 52 residential stands in May 2021, after which the accused allegedly forged documentation purporting to allocate land to Brickstone Builders and Contractors.

The State claimed that armed with the alleged forged documents, the accused proceeded to invade council land, develop it, and sell stands to approximately 45 buyers at prices ranging between US$25 000 and US$40 000 each.

Home-seekers subsequently constructed houses on the stands, which were later demolished by the City of Harare after it established that the development was illegal and that the stands were not reflected in its official billing system.

However, during trial, Chitanga and Mabheka denied the charges, arguing that Brickstone Builders and Contractors had applied for the land as far back as January 8, 2002, and that they acted within lawful expectations based on internal project arrangements.

Delivering judgment, Justice Chikowero said the State had failed to establish the essential elements of fraud or any alternative offence.

"The essential elements of the crime of fraud are trite… the State failed to produce evidence establishing all the essential elements of the charge of fraud," he said.

The court noted that key alleged forged documents were not produced during the trial and were not recovered from the accused by investigators.

"The forged documents… were not recovered from the accused persons by the Zimbabwe Anti-Corruption Commission investigators," the judge said.

He concluded that there was insufficient evidence to justify a conviction on fraud or any related charge, resulting in the acquittal of both accused persons at the close of the State's case.

The ruling brings an end, at least at High Court level, to a case that left dozens of home-seekers displaced after investing in properties that were later demolished by municipal authorities.