Zanu-PF Central Committee member Justin Zvandasara, who was jailed two years over $4,5 million fraud, was yesterday found not guilty and acquitted by the High Court.
Zvandasara was last year convicted of fraud involving $4,5 million on allegations that he grabbed over 10 hectares of land belonging to zanu-pf legislator for Mutare South Nyasha Chikwinya in Hatcliffe.
It was the State’s case that Zvandasara went on to allocate the land to unsuspecting home seekers under his housing co-operative.
Yesterday, Justices Felistus Chatukuta and David Mangota, sitting as an appeals court, held that the conviction was baseless before clearing Zvandasara of any wrongdoing.
This came after the politician’s lawyers Mr Tapson Dzvetero and Mr Tariro Machiridza of Antonio and Dzvetero law firm convinced the court that their client was wrongly convicted by a Harare magistrate.
State counsel Mr Tapuwa Muchini later conceded that Zvandasara’s conviction was not proper. After the court session yesterday, Zvandasara, his lawyers and family members broke into celebrations outside the court as they hugged and sang.
In an interview, Mr Dzvetero hailed the acquittal saying the High Court had correctly analysed the facts of the matter. “The court correctly found that the conviction was baseless before quashing it. We have been vindicated. Our client is innocent despite being vilified and politically tormented for no good reason,” said Mr Dzvetero.
Zvandasara said: “I am very happy. At least the whole nation now knows that I am an innocent man. Even the electorate that voted me to the Central Committee will now have more confidence in me.”
Regional magistrate Mr Temba Kuwanda convicted Zvandasara and Suruware after a fully contested trial.
Zvandasara of Plot 7 Weston Glen Forest is the president of Harare North Housing Co-operative Union, while Chikwinya is the director of Pilgrims Rest Properties, which specialises in property development.
According to the State papers, during the land redistribution exercise, Chikwinya was allocated Pilgrims Rest Farm measuring 150 hectares.
But Government demarcated the land into two and the other half was allocated to Mama Mafuyana Housing Co-operative.
Alternative land for Chikwinya’s company was also identified at Hatcliffe North Phase two.
Chikwinya obtained a development permit number SL818 from the Department of Physical Planning.
On June 21 2011, Chikwinya and the Ministry of Local Government, Rural and Urban Development signed a memorandum of agreement allocating the land and transferring administration into her name.
She started servicing the land, subdividing it into low, medium and high-density stands under layout plan number HOE27.
It was the State’s case that Zvandasara and his colleagues misrepresented to unsuspecting home seekers that they had lawfully acquired the same piece of land.
They sold 496 stands to home seekers who immediately occupied the land.
He was also accused of selling 324 stands belonging to another land developer Mr Jonathan Gapare.