By A Correspondent| State Prosecutor Tafara Chirambira stands accused of interfering in a matter that is yet to be determined by the court after ‘recklessly’ exonerating Pokugara Properties and City of Harare employees who are facing perjury charges and malicious damage to property before the Harare Magistrate Court.
Harare businessman George Katsimberis reported Pokugara Properties and City of Harare officials for malicious damage to property and perjury after they connived to destroy a show house built at the corner of Teviotdale and Whitwell road in Borrowdale.
The matter is still pending and Katsimberis has began testifying in both cases.
While responding to a High Court application for review of a ruling by Harare Magistrate Letwin Rwodzi, Chirambira exonerated Pokugara Properties and City of Harare officials saying the complainant (Katsimberis) did not have approved plans for the show house.
“There was absolutely no perjury by the persons named. All what they said was the truth. Applicant did not and even today does not have approved plans for the showroom,” said Chirambira.
This is despite the fact that Katsimberis has provided the court with bank statements confirming transfer of money made into the City of Harare account.
A City of Harare official has also written to the court confirming the authenticity of a date stamp and signature appended on the approved plans in possession of Katsimberis.
Chirambira goes on to make perjurious claims that City of Harare has the power to destroy houses without a court order.
But Section 32 of the Regional, Town and Country Planning Act stipulates a local authority to serve the owner of the land concerned with an order which states the nature of contravention and the action required to be taken within a set time.
“If it appears to the local planning authority that any development has been or is being carried out in contravention of this Act, it may, if it considers it expedient, having regard to the provisions of any operative master plan or local plan or an approved scheme and to any other material considerations, serve upon the owner of the land concerned and upon any other person who, in the opinion of the authority, will be affected thereby an order which— (a) states the nature of the contravention; and (b) specifies the action required to be taken by the person or persons specified in the order within such period as may be specified therein,” reads Section 32 of the Act.
In his answering affidavit to the same matter, Katsimberis complained of Chirambira’s conduct saying he has shown bias unexpected of a state prosecutor.
He also questioned the tone of Chirambira’s affidavit.
“Besides the tone of the affidavit is neutral. Firstly Mr Tafara Chirambira has no knowledge of the facts and of the dispute between myself, Michael Van Blerk, Pokugara and Kenneth Raydon Sharpe,” said Katsimberis