The employees
are Togarepi Nerwande (Human Capital and Development Officer), Morris Tekwa
(Director of Housing, Health and Community Services), and Arnold Mandizvidza
Kutoka (former council engineer).
The matter is
before Mutare Magistrate Annie Ndiraya.
Chifomboti told
the court that he was told by town planner, Blessing Kwambana and town
secretary, Solomon Gabaza that the trio acted unlawfully without authority from
council.
He dismissed
former chairperson, Blessmore Pambureni who defended the three and argued that
all procedures were followed before the deal was approved in 2022. The State
says that sometime in 2018 Texas Energy proposed to develop a solar power plant
in Tsanzaguru, Rusape, but the Ministry of Local Government rejected the
proposal because the land was too small and had already been reserved for
residential use.
Between
September and December 2022, the three accused persons allegedly revived and
processed the previously rejected application without following proper legal
procedures.
On November 22,
2022, Tekwa allegedly published a misleading public notice under Section 152 of
the Urban Councils Act (Chapter 29:15) and Section G3 of the Urban State Land
Administration Manual, describing the land as ‘open space’ suitable for a solar
project when it was reserved for housing. On December 28, 2022, Nerwande, then
acting town secretary, allegedly signed a 99 year lease agreement with Texas
Energy, represented by Petros Kazungu, without obtaining a change of land use
as required by the Regional, Town and Country Planning Act (Chapter 29:21).
The state
alleges that Kutoka, who was the head of the engineering department and
custodian of the master plan, wilfully failed to disclose that the land was
zoned for residential development, while Tekwa and Nerwande misrepresented the
proposal as valid despite knowing it had previously been rejected by the
ministry. They trio was arrested by the Zimbabwe Anti-Corruption Commission
(ZACC). Masvingo Mirror
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