Ex-minister Kagonye applies for exception
FORMER Minister, Petronella Kagonye, yesterday applied for exception to fraud charges relating to parcelling out of residential stands at Solomio Farm in Goromonzi, saying the State’s allegations do not formulate any offences, as her co-operative Glorious Real Estate was granted authority to deal in land.
Kagonye argued that the State was aware that she had been granted permission to deal with the land at Solomio Farm by the then Minister of Local Government, Public Works and National Housing.
She is being charged with two counts of fraud and theft.
In her application prepared by lawyer Mr Rungano Mahuni, Kagonye argues that the State failed to bring out the misrepresentation she made or that made by Glorious Real Estate over land at Solomio Farm.
“To that extent the charge does not establish misrepresentation, it is expiable and must be quashed as not all essential elements of the crime are disclosed.
“The charge sheet contravenes the provisions of Section 9 of the Criminal Law Codification and Reform Act in that it fails to establish criminal liability of the accused person by alleging that the conduct of accused person was unlawful or without lawful excuse.
“Before the accused was arrested and charged with this crime as contained in counts 1 and 2 (fraud), The State was in possession of a document that vitiates the allegations that accused person or Glorious Real Estate did not have lawful claim or title to deal in property or land, that is, Solomio Farm.
“At all material times, the State was aware and is aware that the then Minister of Local Government granted to Glorious Real Estate a mandate and authority to deal in the land known as Solomio Farm in the manner it dealt with that land and with regards to any dealings with the housing co-operative,” she said.
Kagonye also argued that there was no resolution which was filed with the courts that allows Joyce Chiroodza and Ngonidzashe Zvanezuro to represent Shingiriro Housing Cooperative and Vaduku Housing Cooperative, which are complainants in the matter.
She also said that the State did not disclose whether Glorious Real Estate is a juristic entity of natural person in its allegations.
Allegations facing Kagonye are that sometime in 2013 she misrepresented to Shingiriro Housing Cooperative that she owned Solomio Farm and offered them land for residential stands at US$10 per square metre.
It is alleged that Shingiriro Housing Co-operative paid US$38 500 to Kagonye towards the piece of land.
Further allegations are that between February 2014 to June 2015 she allegedly misrepresented to Vaduku Housing Co-operative that she owned Solomio Farm and sold them a piece of land for US$38 500.
She is also alleged to have taken 20 computers from POTRAZ and misrepresented that she wanted to donate them to schools in Goromonzi South constituency resulting in her being charged with theft. The State represented by Mr Zivanai Macharaga is expected to respond on July 16 before the court makes a ruling on July 21.