HARARE

Mayor Muchadeyi Masunda and eight MDC-T councillors yesterday appeared in court for allegedly authoring and publishing a report tarnishing the image of businessman Mr Phillip Chiyangwa.

Masunda (58), Warship Dumba (42), Paula Macharangwanda (44), Panganayi Charumbira (40), Herbert Gomba (34), Job Mbadzi (40), Musa Macheza (36), Casper Takura (42) and Thomas Muzuva were not asked to plead to defamation charges when they appeared before Harare magistrate Mrs Vongai Muchuchuti.

She remanded them out of custody to today.

Through their lawyers — Advocate Happias Zhou and Mr Alec Muchadehama — the nine challenged their placement on remand arguing that there were insufficient facts to warrant remand.

They argued that the State should not press charges on them but on the persons who published the articles based on the report.

However, Mr Chris Mutangadura of the Attorney-General’s Office opposed the application saying there was reasonable suspicion that the nine committed the offence.

Mrs Muchuchuti will make a ruling on the application today.

Mr Mutangadura alleges that on November 9 2007, the City of Harare indicated that they wanted Stand 389 Derbyshire measuring 25, 83 hectares — an industrial stand, then owned by Pinnacle, a subsidiary of Kilima Investments.

The two companies belong to Mr Chiyangwa.

The city officials had allegedly expressed an interest in procuring a portion of the industrial land equivalent in value to a piece of land situated in Gunhill measuring 10,23 hectares.

Pinnacle allegedly accepted the offer and the city proceeded to value both pieces of land commensurate with the values of land exchangeable from either side. Kilima passed transfer of Stand 389 in favour of the city.

The city of Harare allegedly failed to perform its obligations to transfer the land, citing that the said piece of land had, by virtue of a ministerial directive, been earmarked for a national project that was underway.

The complainant, through its lawyers Kantor and Immerman, demanded specific performance as the city was in breach of contract.

To rectify the said breach, it is alleged, the city demanded the entire Stand 389 Derbyshire and in return, substituted the Stand in Gunhill with pieces of land measuring 17,13ha in different areas in Harare.

At all material times, Pinnacle dealt with the town clerk who allegedly said he was duly authorised to consummate the transactions and that all mandatory internal procedures had been complied with.

On December 17 last year, a special committee was appointed by a special resolution of council.

The special committee was made up of the eight councillors under Masunda’s instruction, it is alleged.

The committee was tasked to investigate the city’s land sales, leases and exchanges from October 2004 to December 2009 with particular regard to (former commission chairperson Sekesai) Makwavarara’s era, the commission era, the caretaker council era and the current council.

In March this year, the accused persons allegedly produced a 54-page dossier entitled "Special investigations Committee’s report on City of Harare’s Land sales, Leases and Exchanges from October 2004 to December 2009."

The document produced was marked "strictly confidential" and carried a confidentiality clause binding all members of the committee.

It is the State’s case that on a date unknown to the prosecutor, but during March 2010 before the report was tabled before a full council for debate and possible adoption, the nine, acting in common purpose allegedly published or leaked the document or its contents to the Standard and Sunday Times newspapers and other media.

The Standard of March 28 to April 3 published an article on its front-page titled "Probe orders arrest of Phillip Chiyangwa."

The Sunday Times of March 28 2010 published an article on its front page titled "Borrowdale Land Grab with (pictures of) Mr Phillip Chiyangwa, Minister Ignatius Chombo."

The State argues that the contents of the document were false in the material particulars.

The assertions made by accused persons are that the complainant was an unscrupulous businessperson who has abused the City of Harare’s internal procedures in collusion with corrupt city officials.

The State further alleges that there was a sting in the entire report and a wrongful perception was created that the entire property portfolio under Mr Chiyangwa’s companies of 500 hectares was the city’s land, fraudulently and corruptly acquired by him. They alleged that the complainant was a fraudster, a scam artist or is corrupt, a dishonest businessman, a land thief, a scandalous businessperson and shady.

There was other abusive language in the report, which is conclusive that the complainant is untrustworthy and dishonest.

They allege that the publication of the report attracted widespread coverage the world over.

The special investigations committee’s report, The Standard newspaper of March 28 2010 to April 03 2010 and The Sunday Times newspaper of March 28 2010 will be produced in court as exhibits.