Richard Simbi was the Acting Chief Town Planner. During the time when the offense was committed, he was in charge of all the Town Planning of City of Mutare.
The second accused person is D G Nyatoti the former Director of Works. His duties amongst others included Town planning, making layout plans, lodging layout plans with the Department of physical planning and to see that they are approved by the responsible Minister.
The third accused person, Obert Muzawazi, was the overall accounting officer of Mutare City Council as the Town Clerk.
During the period extending from February 2005 to July 2014 the accused persons unlawfully and un-procedurally created and sold eight (8) stands from the remainder of 2485 Umtali Township. Investigations revealed that there was no Council resolution authorizing creation of those stands.
Two stands were allocated to Richard Simbi and there is no proof that he paid the purchase price for the stands. When allocating those stands Muzawazi cited several Council resolutions which do not exist purporting as if the Council had authorized the sale of those stands. Knowing fully well that the local layout plan had not been approved, the accused persons acting in connivance, rushed with the unapproved layout plan and disposed of residential stands to individuals measuring 20 967 square meters with an estimated value of U$482 241.00 without any approval from the Department of Physical Planning and Minister responsible.
The accused did not follow proper procedures as required by their responsibilities before parceling out land thereby the accused persons unlawfully and intentionally did that which was contrary to or inconsistent with their duties as a public officer by showing favor to fa ew selected officers at the expense of Council’s good administration and the public at large.
Accused persons are due to appear at the Mutare Magistrates Court.
