Source: The Herald – Breaking news.
Yeukai Karengezeka
Court Correspondent
THE trial of City of Harare town planner, Priscilla Charumbira, who allegedly approved the change of land use from recreational to commercial purpose without the Minister of Local Government’s approval between 2016 and 2017, finally opened yesterday.
The State, represented by Mr Ephraim Zinyandu, called as its first witness Mrs Wadzanai Vutuza, who is City of Harare’s principal town planner, and she took time to explain the correct procedures that must be undertaken for a change of land use to be approved.
She told the court that for the land in question, there was no approval from the Minister that was sought when the land was converted for other use and sold for US$450 000.
The trial before Harare magistrate Mr Stanford Mambanje resumes tomorrow for Mrs Vutuza’s cross-examination by defence lawyer Professor Lovemore Madhuku.
The State alleges that between May 2016 and November 2017, Charumbira, first as a city planner and later as acting director, and although she knew very well that she had not initiated the change of reservation process to warrant the disposal of the stand, misrepresented facts to induce council to dispose the property to Tulabelle and Atticus Investments to the prejudice of the good administration of the Harare City Council.
The State alleged that Charumbira was the point person for town planning processes and procedures and in May 2016, she was asked by the Council, through the then Acting Town Clerk Josephine Ncube, to identify all vacant land from the City of Harare Land Bank in compliance with town planning statutes.
She was also tasked to identify land that could be changed to comply with town planning statutes for selling to raise funds for the local authority.
In July 2016, Charumbira in her capacity as the principal planner who had been appointed as the point person regarding the sale of identified council land, procedurally caused the advertisement of a recreational property at corner Boshoff Drive and Seke Road on the edge of Sunningdale in southern Harare for sale.
It was purportedly zoned for industrial or commercial use according to the advert yet the stand in terms of operative phases 2,3 and 4 Town Planning Scheme is zoned for open space and recreation, thereby usurping the powers of the Local Government Minister, who has the final say on changing recreational land to commercial land in terms of the Act.
The court heard that in September 2016, well knowing that the said advert had no site plan and that the land was reserved solely for recreational purposes, Charumbira retrospectively created a proposed subdivision site plan TPF/CR/19/16 measuring 3 hectares to suit the advert.
Charumbira, through her letter on 17 November 2017 to the finance director, approved the proposed subdivision of Remainder of Salisbury Township on stand 40600, Sunningdale, Harare leading to the sale of the property.
The full council acted upon the misrepresentation and sold stand number 40600 to Tulabelle and Atticus Investment at a total price of US$450 000.
The Ministry of Local Government and Public Works never received any application or council resolution from the authority to process the change of reservations from a recreational to an industrial or commercial property that was subdivided by Charumbira into two stands.
Charumbira, as the acting director of works, acted contrary to or inconsistent with her duties as a public officer by not following provisions of Section 49 of the Regional Town and Country Planning Act which requires the consent of the Minister before any change of reservation for land zoned for open and recreation to any other use.
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