Harare North legislator Norman Markham who is seeking a reversal of the ‘questionable’ land deal between the City of Harare and Kenneth Raydon Sharpe owned Augur Investments says the agreement was fraudulent and against good morals.
In his answering affidavit to a High Court application, Markham argued that the land was serviced by the Minister of Local Government and not the company.
“Augur Investments did not service the land. That land had already been serviced by the Minister of Local Government,” argued Markham.
He insisted that the agreement was illegal and extracted land worth millions of dollars belonging to the President.
“Augur Investments OU was owed nothing, the agreement was illegal. The basic fact is that 1st Respondent (Augur Investments) entered into an illegal agreement. The basic fact is that it failed to perform except for 2.7 kilometers.
“However, it extracted land worth millions of dollars. As if it was not enough, it went and extracted an extra piece of land belonging to a third party the President of the Republic of Zimbabwe worth millions and millions of dollars. Surely no court can allow this terrible injustice upon the people of Zimbabwe,” he said
After a series of litigations between the City of Harare and Augur Investments, a secret Deed of Settlement was executed in May 2019. The settlement offered Augur immunity from any litigation on the land.
The settlement gave Local Government Minister July Moyo, acting on behalf of the state, the power to immediately withdraw all and any criminal cases against Augur, its associated companies, representatives and its directors.
Markham says “The Deed of Settlement is not only a fraud but is contra bonos mores (against good morals). How can Minister July Moyo, purport to grant criminal indemnity against Augur Investment OU and its associates.
“No one not even the President of the Republic of Zimbabwe can grant such pardon, immunity and condonation. The Deed of Settlement is not defensible. It is an embarrassment.”
According to the 2010 Auditor General and a City of Harare audit report, construction of the airport road was awarded to Augur Investments without going to tender resulting in the City of Harare pledging 4000 hectares of land as part payment to the controversial company.
