Five convicted over Gimboki stands
MUTARE land baron, Binali Yard and four co-accused were yesterday convicted on their own plea of guilty for illegally parcelling out residential stands at Gimboki in Dangamvura.
The land in question was earmarked for educational institutions.
Mutare provincial magistrate, Mr Tendai Mahwe convicted Yard, Brian Marange, Tawanda Ndawe, Webester Mudzimwa and Trust Matimba on their own plea of guilty and sentenced them to four months in jail, which were wholly suspended on condition that they do not commit a similar offence in the next five years.
They were each fined US$400, which was supposed to be paid forthwith, failure will result in their imprisonment for two months.
They were further barred from visiting Gimboki or to encourage illegal settlers to do the same.
The five were facing charges of contravening Section 24 (1) as read with
Section 24 (4) of the Regional Town and Country and Country Planning Act, Chapter 19.12 (Unlawful carrying out development without permission) or alternatively criminal trespass as defined in Section 132 of the Criminal Law (codification and Reform) Act, Chapter 9.23.
They were represented by Mr Chris Ndlovu, of Ndlovu and Gonese Legal Practitioners, who pleaded with the court for a lenient sentence.
Mrs Tawonanyasha Muuya prosecuted.
The court heard that Mutare City Council is the custodian of the land in question, and has a laid down procedure of allocating both residential and commercial stands to beneficiaries.
The process entails that one makes an application to the housing director or town clerk before being considered for allocation of a residential stand.
In its bank, Mutare City Council has among other stands, Number 3754, measuring 7 492 hectares; Number 16698, measuring 561 hectares and Number 16699, measuring 7.65ha.
The stands were yet to be serviced for allocation to home seekers.
“Sometime in September 2023, the accused persons while acting in concert, identified vacant council land on different dates, and using their influential positions in the society, and in violation of Section 24 (1) as read with Section 14 (4) of the Regional Town and Country Planning Act (Chapter 19:12) pegged and parcelled out the said land to desperate home seekers in Mutare for the purposes of developing a residential area.
“The matter came to light after Mutare City Council toured the area and realised that some of the vacant land earmarked for primary and secondary schools had been pegged and allocated to individuals by the accused persons and made a police report,” said Mrs Muuya.
On December 10, 2023, a team of detectives from Criminal Investigations Department’s Police Anti-Corruption Unit and CID Homicide in Harare proceeded to Mutare to investigate the matter leading to the arrest of Yard, Mutima, Mudzimwa, Ndawe and Marange.