By A Correspondent| Harare North legislator Allan Norman Markham has sued President Emmerson Mnangagwa, City of Harare and Local Government minister July Moyo for conniving to transfer 273 hectares of prime land valued at over US$205 Million to a controversial businessman Kenneth Raydon Sharpe as payment for the construction of Airport Road, whose contract is fraught with illegalities.
The land in question 654 Pomona Township measuring 273 hectares has its title in the President of Zimbabwe.
According to a High Court application filed by Markham, Tavonga Savings Scheme and Jacob Pikicha, the agreement to transfer of 654 Pomona Township represents a complete fraud as the City of Harare officials who acceded to the deal did not have authority from the municipality.
“The Deed of Settlement executed on the 28th of May 2018 is nullity in that, the City of Harare through its council never authorized Herbert Gomba nor any other party to execute the aforesaid agreement,” said Markham.
He added that the registration of the Deed of Settlement, done in the High Court on the application of Augur OU under the Case Number HC4528/19 is a nullity which must be set aside as City of Harare nor Minister of Local Government did not have authority to execute the Deed of Settlement.
Markham further argued that the contract awarded to Ken Sharpe’s Augur Investments for the construction of Airport Road was done illegally as there was a caretaker council that approved the deal was illegal as its appointment was never gazetted in accordance with the law.
“We contend that the caretaker council that signed the Agreement with the City of Harare was illegal. It was illegal in that it was never gazetted. it was illegal in that a caretaker council could never have been appointed when lawful councilors have just been elected,” said Markham.
“Minister Chombo appointed Mahachi to loot the City of Harare. In terms of Section 47(2) (b) of the Urban Councils Act, elected councilors assume office immediately after the announcement of an election which in this case was made on the 30th of March 2008
“Minister Chombo thus acted unlawfully in appointing a caretaker council after councillors had been elected,” Markham added.
He further questioned the awarding of the Airport Road contract to Sharpe without going to tender as required by the Procurement Act of Zimbabwe.
“The Agreement between the City of Harare and Augur Investments was never subjected to tender and because of this it is a nullity.
“Moreover, in terms of the City of Harare’s its own internal procedures, any contract beyond the sum of ZW$50 000.00 required to be subjected to public tender. Therefore the City of Harare’s its own internal regulations were flouted,” he said.
In her response to Markham’s application, Tatiana Aleshima cited as the third respondent said Sharpe and his company Aurgur Investments were absolved by the Anti-Corruption Commission.
The Anti-Corruption Commission absolved the 1st responded, 2nd respondent and myself of any wrong doing. The case never went to court and therefore the statements are irrelevant and must be expunged from the record.
She further stated that the Land Commission Secretary Virginia Mabhiza, requested the commission to conduct an enquiry so as to clear Sharpe and herself and they were not implicated in the Uchena land commission report on illegal parcelling of state land.