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Bulawayo audit exposes double sale of residential stand
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A City of Bulawayo internal audit has uncovered the unlawful double sale of a residential stand in Selbourne Brooke and implicated the municipality's Housing and Community Services Department in providing inaccurate ownership information that auditors say exposed the council to legal risk and damaged its credibility.
The findings are contained in a confidential investigation report commissioned by Mayor David Coltart after one of the claimants, Dr Innocent Batsani Ncube, lodged a complaint alleging that another individual had begun building a house on land he claimed to own.
According to the audit, investigators examined council housing records, the municipality's BIQ accounting system, legal documents, housing policies and High Court records before interviewing council officials, the developer, legal representatives and the competing claimants.
The investigation found that Bulawayo Glass and Allied Products (Private) Limited purchased the Selbourne Park land from the City of Bulawayo in 2005 for residential development on the understanding that serviced stands would be allocated to residents already on the city's housing waiting list.
Auditors established that on May 29, 2012, the developer, through Bard Real Estate, sold Stand Number 14328 Selbourne Brooke to Dr Innocent Batsani Ncube and his wife, Zanele Ncube, for US$16,000.
The report states that the purchase price was paid in full through three instalments before the City of Bulawayo signed a Memorandum of Agreement with the couple on June 6, 2012.
Council subsequently opened a municipal rates account in their names, approved building plans submitted by the couple and construction commenced on the property, reaching box level before it was later sold.
"Audit concludes that full rights, title and interest to entitlement and liabilities in respect of Stand Number 14328 Selbourne Brooke evolved from Bulawayo Glass and Allied Products (Pvt) Ltd to Innocent Batsani Ncube and Zanele Ncube," the report states.
The audit further established that in September 2019, the Ncubes sold the stand to Lloyd Chitiyo for US$30,000 through Ken Estate Agents.
Although the transaction was not formally reported to council as required under the Memorandum of Agreement, auditors concluded that the sale had taken place after reviewing the supporting documentation.
The dispute escalated in 2025 when the same stand was allegedly sold again.
According to the report, Bulawayo Glass and Allied Products entered into a second agreement of sale on June 13, 2025, transferring the property to Bothwell Chenjerai Nhire for US$34,000.
Auditors found no evidence that the original 2012 agreement with the Ncubes had ever been cancelled.
During interviews, the developer's managing director, Robert Mhlanga, reportedly acknowledged that two agreements of sale existed for the same property.
The report further states that the developer later wrote to council seeking condonation after describing the double sale as an "administration error."
Investigators noted that the problem was not isolated to a single property.
"The said administration error was not peculiar to Stand Number 14328 Selbourne Brooke. The same scenario had occurred on several other properties, all of which had also ended up before the High Court," the report states.
The audit was particularly critical of the conduct of the Housing and Community Services Department.
Investigators found that lawyers representing the developer requested confirmation of ownership from council in July 2025.
The department responded by stating that Bothwell Nhire "is the only registered owner" of the stand.
However, auditors said that position was directly contradicted by the municipality's own records.
"A search by Audit in the City's BIQ system indicates Innocent Batsani Ncube and Zanele Ncube as the property owners. Therefore, the response from the Department of Housing and Community Services was not a factual statement. The same response was later used during the litigation process," the report states.
The investigation also found that on the same day the developer concluded the second sale agreement, the City of Bulawayo signed a separate Memorandum of Agreement with Nhire despite the earlier agreement already existing with the Ncubes.
When Dr Ncube's lawyers later sought clarification, council reportedly stated that the original 2012 agreement had never been returned for filing.
Auditors rejected that explanation, pointing out that council had already opened a rates account in the names of Dr Ncube and his wife, indicating that the transaction had been recognised administratively.
"Based on evidence presented above Audit concludes that the Housing and Community Services Department presented inaccurate information to the Chamber Secretary's Department which information was communicated to external stakeholders," the report says.
"Audit notes and concludes that such lack of due diligence in providing information to external stakeholders compromises the reliability of City processes and erodes the reputation of the City."
The audit also identified alleged breaches of council building regulations.
According to investigators, after purchasing the stand, Nhire demolished the existing structure and began constructing a new house before submitting building plans.
Although council later instructed him in writing to halt construction until approval had been granted, auditors said repeated site inspections found work continuing, with the building eventually reaching roof level before approval had been obtained.
In its conclusions, the audit found that the developer had unlawfully sold the same property twice and that weaknesses in council administration had compounded the dispute.
"According to the evidence presented above, Audit concludes that Bulawayo Glass and Allied Products (Pvt) Ltd sold Stand Number 14328 Selbourne Brooke twice, which is unlawful," the report states.
"The audit further concludes that the supply of inaccurate information by the Department of Housing and Community Services erodes the City's reputation."
Among its recommendations, the audit called for improved record management, accelerated digitisation and integration of housing and financial records to strengthen ownership verification before information is released.
It also recommended stricter enforcement against illegal construction, advised Dr Ncube to pursue both criminal and civil remedies through the courts and police, and urged the council to comply with any court orders arising from the dispute.
The findings are contained in a confidential investigation report commissioned by Mayor David Coltart after one of the claimants, Dr Innocent Batsani Ncube, lodged a complaint alleging that another individual had begun building a house on land he claimed to own.
According to the audit, investigators examined council housing records, the municipality's BIQ accounting system, legal documents, housing policies and High Court records before interviewing council officials, the developer, legal representatives and the competing claimants.
The investigation found that Bulawayo Glass and Allied Products (Private) Limited purchased the Selbourne Park land from the City of Bulawayo in 2005 for residential development on the understanding that serviced stands would be allocated to residents already on the city's housing waiting list.
Auditors established that on May 29, 2012, the developer, through Bard Real Estate, sold Stand Number 14328 Selbourne Brooke to Dr Innocent Batsani Ncube and his wife, Zanele Ncube, for US$16,000.
The report states that the purchase price was paid in full through three instalments before the City of Bulawayo signed a Memorandum of Agreement with the couple on June 6, 2012.
Council subsequently opened a municipal rates account in their names, approved building plans submitted by the couple and construction commenced on the property, reaching box level before it was later sold.
"Audit concludes that full rights, title and interest to entitlement and liabilities in respect of Stand Number 14328 Selbourne Brooke evolved from Bulawayo Glass and Allied Products (Pvt) Ltd to Innocent Batsani Ncube and Zanele Ncube," the report states.
The audit further established that in September 2019, the Ncubes sold the stand to Lloyd Chitiyo for US$30,000 through Ken Estate Agents.
Although the transaction was not formally reported to council as required under the Memorandum of Agreement, auditors concluded that the sale had taken place after reviewing the supporting documentation.
The dispute escalated in 2025 when the same stand was allegedly sold again.
According to the report, Bulawayo Glass and Allied Products entered into a second agreement of sale on June 13, 2025, transferring the property to Bothwell Chenjerai Nhire for US$34,000.
Auditors found no evidence that the original 2012 agreement with the Ncubes had ever been cancelled.
During interviews, the developer's managing director, Robert Mhlanga, reportedly acknowledged that two agreements of sale existed for the same property.
The report further states that the developer later wrote to council seeking condonation after describing the double sale as an "administration error."
Investigators noted that the problem was not isolated to a single property.
"The said administration error was not peculiar to Stand Number 14328 Selbourne Brooke. The same scenario had occurred on several other properties, all of which had also ended up before the High Court," the report states.
Investigators found that lawyers representing the developer requested confirmation of ownership from council in July 2025.
The department responded by stating that Bothwell Nhire "is the only registered owner" of the stand.
However, auditors said that position was directly contradicted by the municipality's own records.
"A search by Audit in the City's BIQ system indicates Innocent Batsani Ncube and Zanele Ncube as the property owners. Therefore, the response from the Department of Housing and Community Services was not a factual statement. The same response was later used during the litigation process," the report states.
The investigation also found that on the same day the developer concluded the second sale agreement, the City of Bulawayo signed a separate Memorandum of Agreement with Nhire despite the earlier agreement already existing with the Ncubes.
When Dr Ncube's lawyers later sought clarification, council reportedly stated that the original 2012 agreement had never been returned for filing.
Auditors rejected that explanation, pointing out that council had already opened a rates account in the names of Dr Ncube and his wife, indicating that the transaction had been recognised administratively.
"Based on evidence presented above Audit concludes that the Housing and Community Services Department presented inaccurate information to the Chamber Secretary's Department which information was communicated to external stakeholders," the report says.
"Audit notes and concludes that such lack of due diligence in providing information to external stakeholders compromises the reliability of City processes and erodes the reputation of the City."
The audit also identified alleged breaches of council building regulations.
According to investigators, after purchasing the stand, Nhire demolished the existing structure and began constructing a new house before submitting building plans.
Although council later instructed him in writing to halt construction until approval had been granted, auditors said repeated site inspections found work continuing, with the building eventually reaching roof level before approval had been obtained.
In its conclusions, the audit found that the developer had unlawfully sold the same property twice and that weaknesses in council administration had compounded the dispute.
"According to the evidence presented above, Audit concludes that Bulawayo Glass and Allied Products (Pvt) Ltd sold Stand Number 14328 Selbourne Brooke twice, which is unlawful," the report states.
"The audit further concludes that the supply of inaccurate information by the Department of Housing and Community Services erodes the City's reputation."
Among its recommendations, the audit called for improved record management, accelerated digitisation and integration of housing and financial records to strengthen ownership verification before information is released.
It also recommended stricter enforcement against illegal construction, advised Dr Ncube to pursue both criminal and civil remedies through the courts and police, and urged the council to comply with any court orders arising from the dispute.
Source - Sunday News
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