A prominent Harare lawyer has dismissed allegations of perjury, extortion and forgery filed against him by former Zimbabwe Anti-Corruption Commission (Zaac) Commissioner, Farai Olivia Mashonganyika, saying they were malicious and cooked up by the complainant.
Mashonganyika filed the charges against Stanslaus Munyaradzi Bwanya after then Local Government Minister July Moyo cancelled her deed of transfer over non-payments of intrinsic value and development fees for the stand in question.
In her submission during trial, Mashonganyika testified that Bwanya put pressure on her to cede 2000m² of the stand and drop the court proceedings.
She told court that she paid the required development fees amounting to US$10 000 to the land developer, Arosume Property Development, and US$4 000 land intrinsic value to the Ministry.
The former Zacc official said she was given title to the property being title deed number 5690/2011.
She also told court that sometime in April 2022, Bwanya representing the interest of his client Arosume Property Development approached Moses Gumbochuma, the complainant's brother, with the same offer of ceding 2000m².
Bwanya is also accused of lying under oath and forging documents and the cancellation stamp of the Deeds Office to support his claims.
Mashonganyika insisted in her evidence in chief that she was never aware of cancellation of her deed, and that the ministry told her that the letter was fraudulent.
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Bwanya is however denying all the allegations, dismissing them as malicious and motivated by her alleged abuse of state machinery.
Bwanya claims he never pretended to be a conveyancer, as he is a fully registered conveyancer.
Bwanya said he acted for Arosume Property Development Private Limited and produced letters to support his actions.
Regarding forgery accusations, Bwanya argues the complainant has not produced any evidence of the allegedly forged document.
Bwanya said he never misrepresented facts to the High Court and that papers filed in court belong to litigants, not legal practitioners.
Bwanya also denied extortion charges.
He said his arrest and prosecution are motivated by the complainant's attempt to escape consequences of unlawfully occupying state land for USD0. 49 per square metre.
Bwanya said he met the complainant for 7 minutes with no discussion of her stand or litigation.
He said there is a recorded audio of the conversation to prove his claim, a transcript of which is with the police.
The matter returns to court on September 9 for cross examination.
The former Zacc official allegedly paid for 8003m² land for only US$4000 but the ministry alleged the stand was valued at US$20 000.
The former Local Government minister argued that the Zacc commissioner prejudiced the state of over USD14000.
The ministry then cancelled the title deed after the property developer Arusome Property Development reported her to the Ministry for fraud saying the land was bought against the market value or the Ministry's valuation price.
The Minister in his response to the High Court submitted that Mashonganyika failed to pay full intrinsic value for the stand as per the valuation report.
