HARARE – Former Zanu-PF youth leader Jim Kunaka is set to spend at least two nights in custody after being arrested in connection with a US$1.5 million fraud case. Kunaka and his alleged accomplice, Cuthbert Molisen Finiyasi, appeared before Harare magistrate Marewanazvo Gofa yesterday, where they were formally remanded in custody pending a bail ruling expected tomorrow.
The charges stem from a dispute over land ownership in Harare’s Mukuvisi Township. Sunshine Development (Pvt) Ltd, represented by Chief Projects Officer Mandla Marlone Ndebele, is the complainant in the case.
According to the State, Kunaka and Finiyasi, along with Nomore Mhonde, who is currently evading authorities, misrepresented themselves as representatives of the Ward 2 Flats Housing Pay Scheme. In 2020, they allegedly invaded Stand number 19608 in Mukuvisi Township, initiating illegal excavations, pegging, and selling residential stands.
Sunshine Development sought legal recourse to protect their property rights and successfully obtained a court order compelling Kunaka and his associates to cease their unlawful activities. This was followed by another interdict on September 18, 2023, specifically against the Ward 2 Flats Housing Cooperative Society. The High Court order mandated that they vacate the property within 48 hours of being served with the order.
Despite these legal setbacks and lacking any legitimate claim to the land, Kunaka, Finiyasi, and Mhonde allegedly continued their efforts to unlawfully seize Stand Number 19608. They are accused of misleading the local District Officer by presenting a fabricated list of applications for their pay schemes. These applications were still under consideration for regularisation and had not received the necessary approval from the Harare City Council.
The State further alleges that on July 7 of this year, the trio engaged Barry Smith Projects and Developers, a company specialising in civil infrastructure development, to commence construction on the disputed stand. They allegedly falsely presented themselves as the rightful landowners, operating under the guise of the “Ward 2 Flats and Housing Scheme.”
Barry Smith Projects, represented by general manager Kawawa James, subsequently entered into a memorandum of agreement with Kunaka, Finiyasi, and Mhonde. The agreement stipulated that Barry Smith Projects would develop the land in exchange for 55% of the total residential stands and one commercial stand as compensation for their land development services.
Following the agreement, Barry Smith Projects mobilised earthmoving equipment and deployed it to the site. A cabin and fence were erected to serve as the site office, and the company began constructing roads. To date, Barry Smith Projects has reportedly spent approximately US$70,000 on developing the land.
As a direct result of this alleged misrepresentation by Kunaka and his accomplices, Sunshine Development claims to have suffered a potential prejudice of US$1.5 million.
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