A top Zimbabwean lawyer has called out on the City of Harare (CoH)’s housing department and Pokugara properties, accusing them of being corrupt and approaching the courts with dirty hands.
This was revealed last week in a land dispute case between controversial businessman Kenneth Raydone Sharpe and his former business partner Georgios Katsimberis.
Appearing in court last week Harare based land developer Mr Georgios Katsimberis’s lawyer Mr. Tendai Biti says Ken Sharpe is approaching the Court with dirty hands.
Prominent Harare lawyer Mr. Tendai Biti, who is representing Katsimberis said Ken Sharpe together with Pokugara representatives, Michael Van Blerk and Simbarashe Kadye are nothing short of land barons or land mafia who entered into a joint venture agreement with Katsimberis for the development of stands for sale. He also said that Sharpe is only relying on information he receives from his puppets as he is the principal.
“The Complainants consist of one Kenneth Raydone Sharpe who is not here and is one of the witnesses but he is the principal. The rest are puppets.
“The actual agreement of construction, so one was to provide land, the land baron was to provide land and the accused person was to provide financing of this estate called Pokugara. So, the land baron was called. Ken Raydone Sharpe was to provide the land and the accused person was to provide the finances,” he said.
This was revealed during the cross-examination of a fraud case. The state, led by Prosecutor Mr Michael Reza alleges that during the period between 15 June 2016 and 26 July 2018 and at Pokugara Properties (Pvt) LTD in Borrowdale, Harare furnished Kadye with unapproved building plans. Moreover, Katsimberis reportedly also used the unapproved plans for building a show house with substandard material, contrary to the bylaws of the City of Harare.
Katsimberis, represented by Mr. Tendai Biti drew the state’s attention to certain letters written to the suspended City of Harare Town Clerk Hosiah Chisango, by Kandemiri by Chinawa and Associates dated 28th of June 2019. Mr. Biti emphasized that in the letter, Chinawa and Associates were complaining to the City of Harare about a letter written to them on the 26th of June (2 days before their letter) which revealed the City of Harare’s knowledge of Katsimberis’ building plans which they were denying knowledge of.
“The letter from City of Harare signed by one Kandemiri dated November 2019 is confirming that the accused person George Katsimberis actually had the plans and the stamps are authentic.
Further, for background purposes, Mr. Biti articulated that sometime in 2018 under case HC 8943/18, in the High Court of Zimbabwe, Katsimberis filed an interdict to stop Pokugara Properties (Pvt) LTD representatives (as Complainants) and the City of Harare from demolishing the show house in question. He alleges that the opposing papers filed by the City of Harare by then Town Clerk Eng Hosiah Chisango, who also swore under oath that there were never any plans. This is the essence of the charges that Katsimberis is facing,” added Biti.
“Now, My Lady, the letter from Kandemiri is here now, confirming the authenticity of the stamps on the building plans from the the City of Harare, ‘You are saying there are plans and are authentic but in your affidavit in the Case number HC201631 the one I have just given you; you say the plans were not approved. So, the letter My Lady of the 26th of June from the City of Harare to Chinawa Law Chambers and one from Kandemiri becomes critical for the purposes of the accused’s right to a fair trial.
“The letter from the City of Harare to Chinawa and Associates which is being responded to by Chinawa and Associates in their letter of 28th and the letter from Kandemiri which is before the you become critical because it contains evidence that is favourable to the accused person. It confirms the accused’s defence that there was a lie,” said Biti.
The trial will commence on the 6th of July 2021.