HARARE – Fraud accused acting State Lands director Mlindeli Sayi was back in court Thursday to answer to charges of repossessing a property that had been sold and fully paid for by a Harare lawyer.

The suspended physical planning head is jointly charged with a Borrowdale-based private developer and the two have been remanded by Harare magistrate Stanford Mambanje before to monthend.

According to court documents, the Local Government Ministry, Sally Mugabe Housing Cooperative and a third party, entered into a June 2007 partnership for the development of 154 residential stands in Carrick Creagh – with one Absolom Muchandiona as a “beneficiary of the civil servants’ scheme”.

And having acquired his 7,010 square metre stand – known as 74 of Carrick Creagh – in May 2008, the Harare man was told to approach the private developer for initial payments and other sundry issues.

“In 2010 (and) pursuant to the verbal agreement between Muchandiona (and representatives of the company), a total of US$21,792 was paid towards development costs,” the papers said.

However, disputes arose after he had been informed by the developer and Sayi’s ministry that he was in arrears.

“On the 14th of September 2017, (he) received a letter indicating that he owed US$103,491.

“On 16 July 2020, he paid US$103,500 as amount owing in terms of development fees,” it is alleged.

After allegedly paying off his debts, the accused parties “reportedly sold the stand to Abraham Murwira after generating a May 2021 letter indicating that Muchandiona owed US$236,633 in development fees.

“Despite receiving a letter dated 14 June 2021 where the complainant stated that he had paid in full, Sayi went on to repossess the stand through an August 17.”

However, the developer and state lands director’s lawyers Munyaradzi Bwanya and Tendai Kwenda expressed their unhappiness over their clients’ placement on remand on the basis of “inconclusive investigations into the matter, and an arrest based on form 242”.

“The second accused (the developer) has had various engagements with ZACC officials over the past 12 months,” Bwanya said.

“The basis on my refusal… is that the arresting officer only has the power to arrest the accused to bring them to trial not to dump the accused persons at court.”

Bwanya also said the Form 242 says investigations should be completed by 12 May 2023.

“So the question is why were the accused arrested today when investigations are not completed.

“Why would the IO be in a rush to bring them to court today,” he asked.

The magistrate remanded the two to April 27 to allow the accused to make their full application.