A Kadoma businessman who was arrested at a time he was challenging former judge Webster Chinamhora's judgements that led to his resignation from the bench has been removed from remand.
Believe Guta was accusing Justice Chinamhora of being conflicted in his cases after he delivered a judgement in a matter which was not heard by him.
Guta was arrested and charged with fraud on allegations involving residential stands.
In his application for refusal of remand before Harare magistrate Marehwanazvo Gofa, Guta, who was represented by Lovemore Madhuku, had argued that the delay in prosecution was a violation of his rights to a fair trial within a reasonable time.
Guta said that the complainant who alleged to be representing a company called Balwearie Holdings, which was dissolved, was incapable of initiating legal proceedings as per High Court and Supreme Court judgements.
Madhuku submitted that Guta had suffered irreparable harm to his reputation after many organisations severed ties with him due to the pending charges resulting in financial and emotional strain.
He submitted that the state had failed to submit evidence to establish a prima facie case. Gofa removed Guta from remand saying the evidence was insufficient for the case to continue.
Prosecutors alleged that sometime in 1997, Balwearie applied to the Kadoma Municipality for the subdivision of a 970 653 hectare stand in Sabonabona Estate to create agro-residential stands.
After obtaining the subdivision permit, the company entered into an agreement of sale with one Edmore Samson, which stated that Balwearie Holdings would sell the land for US$91 000 payable in instalments.
The instalments were expected to be paid through a company called Parameter Investments (Pvt) Ltd, but the contract was cancelled in 2002.
The court heard that at the time the contract was cancelled, 69 home seekers had acquired stands through Parameter Investments while awaiting regularisation of their agreements of sale.
The prosecution said Guta also registered another company called Paragon Real Estate (Pvt) Ltd in an attempt to imitate Parameter Investments (Pvt) Ltd, trading as Paragon Real Estate. The court heard that this was done with the intention to nullify the agreements of sale of the 69 residential stands.
Guta and his accomplices allegedly filed a High Court application seeking a declaratory order that it be the only legitimately registered Paragon Real Estate (Pvt) Ltd.
It was alleged that the company did not enter into any agreement of sale with any of the 69 residents of agro-residential stands.
They also allegedly filed another application to the High Court seeking to liquidate Gatooma Development Corporation Private Limited. A provisional order for liquidation was granted on January 12 last year, while a final order for liquidation was granted on February 16, 2022.
According to court papers, an investigation by the registrar of companies revealed that Balwearie Holdings (2020) was erroneously registered to replicate Balwearie Holdings (Private) Limited [1977].
However, the allegations were extinguished by the judgments of the High Court and Supreme Court supporting Guta’s position.