HARARE: Two former senior Harare City Council officials, Stanley Ndemera and Emmanuel Mutambirwa, have been sentenced to 10 years in prison each for criminal abuse of duty.
The duo, who were arrested by the Zimbabwe Anti-Corruption Commission (ZACC), were found guilty of illegally distributing commercial stands on land leased to Old Hararians Sports Club.
The High Court, presided over by Justice Benjamin Chikowero, delivered the verdict last month, convicting the officials for their corrupt actions.
The prosecution, led by Whisper Mabhaudi and Lovack Masuku, presented a compelling case, detailing how Ndemera, the former Acting Finance Director, and Mutambirwa, the Valuer and Estates Manager, facilitated the unlawful sale of three commercial land areas between September 2018 and August 2020.
The court found that the two officials had violated several laws and regulations, including:
- Selling land under an existing lease agreement: The land in question was already leased to Old Hararians Sports Club, making the sale illegal.
- Contravening a 2005 council resolution: The council had a resolution in place prohibiting the disposal of land without going to tender. This was ignored by Ndemera and Mutambirwa.
- No environmental impact assessment: The sale of the land was carried out without the necessary environmental impact assessment, a critical step in ensuring responsible land use.
- Changing land use without regulatory authority: The officials changed the land use without obtaining the necessary approval from the relevant authorities.
- Neglecting to follow proper procedures: They failed to advertise the sale of the land and obtain approval from the Ministry of Local Government and Public Works, as required by law.
The case initially involved four officials: Stanley Ndemera, Emmanuel Mutambirwa, Hebert Gomba, and Daniel Usingarohwe. However, Gomba was discharged at the close of the state’s case, while Usingarohwe was acquitted.
