According to
the 2024 Auditor-General report, tabled in Parliament recently, the Transport
and Infrastructural Development ministry failed to notify the Registrar of
Deeds about the expropriated land, in violation of the Land Acquisition Act.
“The ministry
did not provide evidence that shows notification to the Registrar of Deeds of
the expropriated land for Trabablas (Mbudzi) Interchange, so that no other
transactions are done on the properties.
“This was
contrary to section 10(1) of the Land Acquisition Act [Chapter 20:10], which
states that upon the ownership of any land being vested in an acquiring
authority, the acquiring authority shall, as soon as practicable thereafter,
notify the Registrar of Deeds in writing of that fact.
“The property
owners could sell the properties or obtain mortgages using their title deeds,
giving rise to potential legal challenges with the ownership of the
properties.”
The report said
the Transport ministry indicated that notification to the Registrar of Deeds
will be done on project completion, which raises concerns about the potential
for unauthorised transactions, the report read.
The AG’s report
also highlighted the ministry's slow progress in addressing the previous year’s
audit findings.
Out of 20
findings, only seven were fully addressed, while eight were partially addressed
and five remained unaddressed.
It further
indicated that the lack of progress raises questions about the ministry's
commitment to transparency and accountability.
The report
emphasised the need for the ministry to comply with the Land Acquisition Act to
safeguard its interests.
“The ministry
should comply with the provisions of the Land Acquisition Act [Chapter 20:10]
to safeguard its interests,” the report said.
Responding to
the report, the ministry said compensation for property owners was not yet
complete.
“The majority
of the affected property owners are yet to receive full compensation. It is
against this background that the ministry could not ask the affected property
owners to relinquish the title deeds, as this would cause legal disputes. The
process of notifying the Registrar of Deeds is done after actual construction
of the project,” the report read.
“The ministry’s
survey team will go on site, measure the portion of the land previously
occupied by the affected property owners and new diagrams will be produced, and
that information will be submitted to the Registrar of Deeds."
However, the
Auditor-General’s office said the management response indicated that
notification to the Registrar of Deeds is done after the completion of the
construction project.
“While this
approach could align with the ministry's operational procedures, it is
essential to alert the Deeds Office of the development to ensure that the
property owners will not sell the properties or obtain mortgages using the
title deeds of the properties under sale,” it said.
President
Emmerson Mnangagwa officially opened the Trabablas Interchange, a traffic
grade-separated junction located at the intersection of Simon Mazorodze,
Chitungwiza and High Glen roads in Harare, in May this year.
Government
engaged Tefoma, a consortium of three firms — Tensor Systems, Fossil
Contracting and Masimba Construction — for US$88 million.
The project
cost, however, ballooned to US$114 million after factoring in compensation of
former property owners, according to Finance, Economic Development and
Investment Promotion minister Mthuli Ncube. Newsday
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