By Staff Reporter
Local Government minister July Moyo’s decision to give immunity from prosecution to a company owned by controversial businessman Kenneth Raydon Sharpe continues to haunt him after land developer George Katsimberis challenged a secret deed of settlement that granted the protection.
Prominent Harare based land developer George Katsimberis has approached the High Court seeking to have the criminal immunity granted to Augur Investments, a company reportedly registered in Ukraine, Estonia or Mauritius with extensive interests in Zimbabwe withdrawn, arguing that it violates provisions of the Zimbabwean constitution.
Katsimberis is also seeking to compel Prosecutor General (PG) to prosecute July Moyo, Augur Investments and its representative of Ukrainian origins Tatiana Aleshina, as well as another company owned by fugitive Sharpe and Pokugara Properties who are cited as a second, third, fourth and fifth respondent, respectively.
The land developer is arguing that the “clandestine” criminal immunity given to Augur was blocking the court from hearing his complaint against Moyo, Augur and Aleshina, a Ukrainian national but with permanent residence in Zimbabwe as well as Pokugara and thus, wants the court to grant him private prosecution if the PG is not willing to prosecute them.
On May 28, 2019, Moyo, Harare City Council and Augur entered into an agreement and signed fraudulently a deed of settlement that gave Augur immunity from prosecution in a bid to end the war over land between the local authority and Sharpe’s company.
Following the secret deed of settlement, the land was fraudulently transferred to Augur Investments.
The deed of settlement partly reads: “Upon signature of this deed of settlement, the minister (Moyo), City of Harare and Augur undertake to withdraw all and any legal actions and proceedings, both civil [and] criminal, pending against each other before the courts.
“The minister undertakes to instruct Coghlan, Welsh and Guest to release the title deeds to stand number 654 Pomona Township to Augur. Immediately thereafter, the minister and/or the president shall sign all and any documents necessary to facilitate and effect the transfer of the said stand to Augur or its nominee, Doorex Properties within 14 days.”
The title deed for the land was being held in escrow by Coghlan, Welsh and Guest Legal Practitioners at the time of the secret agreement as the land was being contested between Augur and Trucking and Construction (T&C) Private Limited.
Katsimberis is being prosecuted for alleged fraud based on claims that he lied to Pokugara that he had secured building plans for a show house where the two were operating in a joint venture agreement.
The developer denies the charge.
