A prominent Harare lawyer Stanislaus Munyaradzi Bwanya has exposed his complainant in the matter he is accused of perjury, extortion and forgery during the cross examination.
Bwanya who is a self actor was cross examining former Zimbabwe Anti-Corruption Commission commissioner Farai Mashonganyika the complainant in his matter after she gave her testimony last week.
Mashonganyika is former first lady Grace Mugabe’s cousin.
Last week, Mashonganyika told court that Bwanya put pressure on her to cede 2000m² of land she possessed in exchange of dropping the court proceedings.
She told court that she cleared the required development fees amounting to US$10 000 to the land developer, Arosume Property Development and US$4 000 land intrinsic value to the Ministry of Local Government and Public Works, and she was given title to the property being title deed number 5690/2011.
Bwanya is also accused of lying under oath and forging documents to support his claims.
Mashonganyika in her testimony last week insisted in her evidence in chief that she was never aware of cancellation of her property title deeds saying the ministry told her that the letter was fraudulent.
However, during cross examination Mashonganyika was made to read several documents that support Bwanya’s defence which left the witness dumfounded.
Mashonganyika had accused Bwanya of cancelling her title deeds but Bwanya produced a series of events initiated by the ministry of local government and the Minister that led to the cancellation of her title deeds. Mashonganyika however told the court that she was not aware of the cancellation process.
Bwanya produced a letter written to Mashonganyika by then local government minister July Moyo advising her of the ministry intention to cancel her title deeds in which she admitted that she received it in April of 2022.
The lawyer also produced a General Notice 2402 and three “The Herald” newspaper cuttings with notices to the public on the intended cancellation of the title deeds for 14 individuals that include Mashonganyika for not paying adequate intrinsic value of the land.
The lawyer also produced a government gazette notice of cancellation of Mashonganyika’s title deeds.
Bwanya then asked Mashonganyika to explain why she had told court that she had no knowledge that her property is being investigated and notices has been issued over intending cancellation of the title deeds for the property.
“Who cancelled your title deeds”,? Bwanya asked.
“It’s you,” Mashonganyika replied.
“When did you discover that the title deeds had been cancelled?” Bwanya asked her again.
“On February 8 2023 when you brought the documents to my lawyers,” she replied.
Mashonganyika however insisted Bwanya is the one who cancelled her title deeds.
Bwanya produced letters from the Police Commercial Crimes Division that investigated the case and ordered Mashonganyika to read in court loudly. The letter was indicating the position of the Ministry of local government and the Registrar on the cancelled title deeds that it was procedurally cancelled.
Mashonganyika was asked about the affidavit which she said Bwanya deposed to the High Court with false information and was asked to produce the said affidavit for the court to see.
However, when the witness read the said affidavit the court discovered that it was deposed by one Calvin Mpofu.
Bwanya produced letters written by ministers Moyo and then local government minister Winston Chitando on the position of the cancelled title deeds.
Mashonganyika however asked the court why Bwanya is in possession of other court documents which she did not and have and the cases on those documents are pending.
Bwanya replied that they are public documents to which the magistrate Ethel Chichera intervened saying Bwanya had every right to have those documents because he want to prove to court that he did not lie as she allege.
“Witness ( Mashonganyika) it’s you who said the witness is a lier so he has to look for the documents to exonerate himself so it’s his right to have those documents,” magistrate said before postponing the matter to September 16 for continuation of trial.
Bwanya is denying all the the allegations, calling them malicious and motivated by Mashonganyika’s zeal to abuse of state machinery.
Bwanya said never pretended to be a conveyancer, as he is a fully registered conveyancer saying he acted for Arosume Property Development Private Limited and produced letters to support his actions.
Regarding forgery accusations, Bwanya argues the complainant is lying and has not produced any evidence of the allegedly forged document.
He claims he never misrepresented facts to the High Court and that papers filed in court belong to litigants, not legal practitioners.
Bwanya also denies extortion charges, stating his arrest and prosecution are motivated by the complainant’s attempt to escape consequences of unlawfully occupying state land.
He claims he did not meet the complainant but only talked over the phone for 7 minutes and 36 seconds, with no discussion of her stand or litigation saying there is a recorded audio of the conversation to prove his claim.
The ministry cancelled her title deed after the property developer Arusome Property Development reported her to the Ministry for fraud saying the land was bought against the market value of the land.
