Audio recordings have exposed malicious allegations made by a former Zimbabwe Anti-Corruption Commission (ZACC) official against a prominent local lawyer, revealing the exact exchange of words that occurred on the alleged day.
Former ZACC commissioner Farai Mashonganyika had told the court that lawyer Munyaradzi Bwanya had extorted her by asking her to cede 2000 m² of land to him in exchange for withdrawing all court cases against her.
Mashonganyika’s title deeds were canceled by the Minister of Local Government after she failed to meet the intrinsic value of the land.
Bwanya, who represents Arosume Property Development, had filed a complaint with the Minister of Local Government after Mashonganyika refused to pay the development costs of the land, resulting in the cancellation of her title deeds.
Bwanya is also facing other charges of perjury and forgery.
While cross-examining Mashonganyika after the audio recording was played, Bwanya asked her to indicate where he asked her to cede 2000 m² in exchange for withdrawing court proceedings.
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Mashonganyika admitted that there was no such request in the audio but suggested the recording might have been tampered with.
When asked to identify where Bwanya mentioned anything about withdrawing court cases, she claimed he had discussed it when he visited her home, though there was no mention of it in the audio.
“How much did you purchase this land for?” Bwanya asked.
“I bought it for US$4,000, although the value of the land was US$20,000,” Mashonganyika replied.
“Do you think it’s fair to buy land in Borrowdale for as little as $0.49 per square meter?” Bwanya further asked.
“I was given a discount because I was working in the government. This has nothing to do with you. The land is not yours,” Mashonganyika said harshly.
“You cannot buy land in Borrowdale for that little, which is why your title deeds were canceled by the local government. It wasn’t me who canceled them,” Bwanya replied.
Mashonganyika is a cousin of former First Lady Grace Mugabe.
Last week, Mashonganyika told the court that Bwanya had pressured her to cede 2000 m² of land in exchange for dropping court proceedings.
She claimed she had paid the required development fees amounting to US$10,000 to the land developer, Arosume Property Development, and US$4,000 for the land’s intrinsic value to the Ministry of Local Government and Public Works, which granted her title deed number 5690/2011.
Bwanya is also accused of lying under oath and forging documents to support his claims.
In her testimony last week, Mashonganyika insisted that she was unaware of the cancellation of her property title deeds, claiming the ministry had informed her that the cancellation letter was fraudulent.
However, during cross-examination, Mashonganyika was made to read several documents that supported Bwanya’s defense, leaving her speechless.
Mashonganyika had accused Bwanya of canceling her title deeds, but Bwanya produced a series of events initiated by the Ministry of Local Government that led to their cancellation. Mashonganyika maintained that she was unaware of the cancellation process.
Bwanya produced a letter written to Mashonganyika by then-local government minister July Moyo, advising her of the ministry’s intention to cancel her title deeds, which she admitted receiving in April 2022.
The lawyer also presented General Notice 2402 and three The Herald newspaper clippings with public notices regarding the intended cancellation of title deeds for 14 individuals, including Mashonganyika, for failing to pay the land’s intrinsic value.
Additionally, a government gazette notice of the cancellation of Mashonganyika’s title deeds was submitted.
Bwanya then asked Mashonganyika to explain why she had told the court she had no knowledge of the investigation into her property and the notices regarding the intended cancellation.
“Who canceled your title deeds?” Bwanya asked.
“It’s you,” Mashonganyika replied.
“When did you discover that the title deeds had been canceled?” Bwanya asked again.
“On February 8, 2023, when you brought the documents to my lawyers,” she replied.
Despite this, Mashonganyika continued to insist that Bwanya was responsible for canceling her title deeds.
Bwanya produced letters from the Police Commercial Crimes Division, which investigated the case, and had Mashonganyika read them aloud in court. The letter indicated that the Ministry of Local Government and the Registrar had procedurally canceled the title deeds.
Mashonganyika was questioned about an affidavit she claimed Bwanya had submitted to the High Court with false information. However, when the witness read the affidavit, the court found that it had been submitted by one Calvin Mpofu.
Bwanya also produced letters from ministers Moyo and Winston Chitando regarding the cancellation of the title deeds.
Mashonganyika questioned why Bwanya had other court documents that she did not possess, to which Bwanya responded that they were public records. Magistrate Ethel Chichera intervened, explaining that Bwanya had the right to have the documents to prove his innocence.
“Witness, it was you who accused him of being a liar, so he has the right to obtain documents to exonerate himself,” the magistrate said before postponing the trial to September 16.
Bwanya denies all the allegations, calling them malicious and motivated by Mashonganyika’s desire to abuse state machinery.
He emphasized that he never pretended to be a conveyancer, as he is a fully registered conveyancer, and acted on behalf of Arosume Property Development Private Limited, providing letters to support his actions.
Regarding the forgery accusations, Bwanya argues that the complainant is lying and has not provided any evidence of a forged document.
He claims he never misrepresented facts to the High Court and that the papers filed in court belong to the litigants, not the legal practitioners.
Bwanya also denies the extortion charges, asserting that his arrest and prosecution were driven by the complainant’s attempt to avoid the consequences of unlawfully occupying state land.
He maintains that he only spoke to the complainant on the phone for 7 minutes and 36 seconds, with no discussion of her land or any litigation, and that the recorded audio of the conversation proves his claim.
The Ministry canceled Mashonganyika’s title deeds after Arosume Property Development reported her to the Ministry for fraud, stating that the land was purchased below market value.
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