THE principal examiner in the Ministry of Justice, Legal and Parliamentary Affairs, Absolom Magwere (58), appeared before Harare regional magistrate Marehwanazvo Gofa on Friday last week facing allegations of criminal abuse of office involving US$500 000.
Magwere was granted US$100 bail and advised to return to court on September 3 for routine remand pending finalisation of investigations.
The complainant is the State represented by Paddington Chituwu who is the registrar in the ministry.
Magwere’s duties included supervision of examiners, compiling and distributing lodging files to examiners for examination and appending signatures on tittle deeds and deeds of transfer as confirmation of registration.
Prosecutor Lancelot Mutsokoti alleged that sometime in June 2009, Chamunorwa Matsika, a co-director and beneficial owner of Monoliser Investments (Pvt) Ltd, borrowed US$30 000 from Frank Buyanga, a director of Hamilton Property Ltd, for working capital purposes.
Matsika had an agreement of sale for Lot 1 and Lot 2 of Mvagazi in Hurungwe under deed of transfer 565/2008, worth over US$500 000 signed to serve as collateral security for the loan.
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Sometime in November 2009, Matsika made efforts to pay back the debt, but discovered that Buyanga’s office had been closed.
He tried to contact Buyanga and his staff, but their phones were no longer reachable.
Instead, Matsika came across an article in one of the daily newspapers stating that Buyanga was on the run after having defrauded about 42 people who had borrowed money from him.
Matsika approached the Deeds Office to check the status of his property and he discovered that the his tittle deeds had been changed in favour of Hamilton Property Limited.
He was allegedly served with summons for eviction and he reported the case to the Zimbabwe Anti-Corruption Commission.
Investigations established that, in November 2009, a deed of transfer registration process was initiated.
However, the accused persons failed to obtain a capital gains tax certificate as the purported seller was not in attendance for a scheduled Zimbabwe Revenue Authority interview.
Thereafter, the accused persons allegedly connived with Magwere who processed a deed of transfer without a capital gains tax certificate, declarations from the seller and purchaser and rates clearance certificate from Karoi Town Council and the property was transferred to Hamilton Property Holdings Ltd.
Magwere acted contrary to and inconsistent with his duties with the intention of conferring an undue and illegal benefit to Hamilton Property Holdings Limited.