High Court sentences City of Harare duo to 9 years for criminal abuse of duty

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HARARE – The High Court in Harare has sentenced two former City of Harare officials, Stanley Ndemera, former Acting Finance Director and Emmanuel Mutambirwa, former Valuations and Estate Manager, to nine years in prison for criminal abuse of duty.

The accused persons facilitated the unlawful sale of three commercial stands to Optel Enterprises Private Limited, Silverharbour Enterprises Private Limited and Leanforth Investments Private Limited.

They violated several procedures and regulations, including selling land under an existing lease agreement with Old Hararians Sports Club and failing to follow the council resolution of 2005 requiring tender processes for land sales.

They failed to obtain an Environmental Impact Assessment Report and institute change of reservation procedures.

They did not fully comply with the provisions of Section 152 of the Urban Councils Act in that they were supposed to advertise the land in two publications notifying the public of their intention to sell, instead they only published a single notification

They failed to submit a copy of the first advert to the Minister of Local Government and Public Works within the stipulated time in terms of Section 152 of the Urban Councils Act.

Initially, four individuals were charged with the offence.

Former Harare mayor Hebert Gomba was discharged at the close of the State’s case, while Daniel Usingarahwe was acquitted after a full trial.

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