"Fraudulent" Deed Settlement Which Grants Immunity To Land Developer Kenneth Sharpe Challenged In Court
A Harare developer George Katsimberis has approached the High Court challenging a tripartite Deed of Settlement that ‘fraudulently’ granted immunity from prosecution to businessman Kenneth Raydon Sharpe and his personal assistant Tatiana Aleshina, 263Chat reports.
What happened:
The Deed of Settlement was signed by Sharpe’s Augur Investments OU, the City of Harare and the Ministry of Local Government and Public Works on 28 May 2019.
It granted protection against prosecution to Sharpe and his associates despite various people keen to seek recourse for different issues related to his land dealings in and around Harare.
One such aggrieved entity was the City of Harare which approached the courts after the local government authority was not impressed by Augur Investments’ work on Airport Road.
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As a result of the deed of settlement, the City of Harare had to withdraw its court case against Sharpe, the Executive Chairman of West Properties Company.
New Court case:
Katsimberis now wants the High Court to declare the Deed of Settlement null and void so that those benefitting from the protection can be arraigned before the courts to answer to charges of fraud.
Katsimberis also wants the High Court to nullify the actions taken by the Prosecutor General and the City of Harare to withdraw charges against any person linked to Sharpe’s Augur Investments. Reads part of Katsambires’ application:
That any actions taken by the first and sixth respondents to withdraw criminal charges against any person or entity pursuant to the deed of settlement signed between Augur Investments OU, the City of Harare and the Minister of Local Government and Public works on 28 May 2019 be and is hereby declared null and void.
Katsimberis’ Application:
He wants the Prosecutor General to prosecute people linked to Augur Investments over the deed of settlement threatening to pursue a private prosecution if that fails.
Katsimberis said he has also been denied the same protection as the Prosecutor General has failed to heed his plea against being an accused person in a case where he is a witness on the same set of facts.
He also questioned why the Prosecutor General chose to delegate the Minister of Local Government and Public Works when the constitution does not provide for such.
This follows the Local Government minister July Moyo agreeing to grant Augur Investments and its associates protection from prosecution on any issues arising from the Deed of Settlement.
Katsimberis also reminded the Court that the Deed of Settlement in question violated Sections 56, 62 and 68 as read with sections 258, 259 and 260 of the Constitution of Zimbabwe.
The High Court application filed on the 23rd of August 2022 cited the Prosecutor General, Local Government Minister July Moyo, Augur Investments OU, Tatiana Aleshina, Pokugara Properties Private Limited, City of Harare, Harare Regional Magistrate Vongai Guwuriro Muchuchuti, Justice minister Ziyambi Ziyambi and Attorney General of Zimbabwe.
