High Court Bars Harare City Council from Direct Land Sales: What You Need to Know

The High Court has barred Harare City Council from selling land directly to companies and individuals. This decision comes after the illegal sale of Mount Pleasant Sports Club and golf course, which led to the imprisonment of two top council officials, finance director Stanley Ndemera and chamber secretary Charles Kandemiri, who received effective six-year jail terms for criminal abuse of office.

Justice Pisirayi Kwenda, in his judgment, ordered the council to cease the practice of direct land sales. The court ruled that all land sales should involve public advertisements to allow interested potential buyers to come forward and allow objections to be raised. This ruling aims to ensure transparency and openness in the land sale process, preventing wrongful sales and giving citizens an opportunity to voice their concerns.

No, the court found that the sale of the sports club did not follow the required procedures. The standard operating procedure stipulates that the sales process should begin with a written application from an interested party, specifying the piece of land they wish to purchase. However, there was no record of such an application in this case.

Justice Kwenda emphasized that the practice of direct land sales, as outlined in the council’s standard operating procedure, should be discontinued. He argued that this procedure contradicts the principles of public procurement, which are meant to ensure transparency, honesty, cost-effectiveness, and competitiveness, as enshrined in the Constitution. The judge further noted that it is unacceptable for citizens to only become aware of council land disposals when development activities take place.

Public procurement is a process that promotes fairness and equality by providing all businesses with an opportunity to participate in the market. The court’s decision to prohibit direct land sales aligns with the principles of public procurement by ensuring transparency and equal access to land sales for interested parties.

Former mayor Herbert Gomba and town clerk Engineer Hosea Chisango were initially charged alongside Ndemera and Kandemiri but were later acquitted due to a lack of evidence. The court determined that Gomba and Chisango had minimal involvement in the offence, and there was no criminal liability attributed to them. They signed the agreement as designated signatories, believing that the necessary checks had been performed by other officials.

The court convicted Ndemera and Kandemiri for criminal abuse of office, ruling that they had abused their positions to sell the council-owned Mt Pleasant Sports Club without following the proper procedure. Justice Kwenda described their actions as a dishonest alienation of public property held in trust. The court emphasized the seriousness of their offence, as it involved the privatization of valuable state land, causing prejudice to the fiscus (public treasury) and potentially depleting land resources for future generations.

The land, which included the Mt Pleasant Sports Club and golf course, was sold to Hardspec Investments for $23,923,340. The club itself was valued at US$2.3 million.

Mr. Joel Mambara represented Ndemera and Kandemiri, while Garikai Mhishi and Gyton Vhiriri acted as legal counsel for Mr. Gomba and Eng Chisango.