By Court Reporter
Businessman George Katsimberis is seeking a Constitutional Court referral to challenge the actions taken by former Minister of Local Government, July Moyo, regarding the controversial Deed of Settlement between the City of Harare and businessman Kenneth Sharpe’s Augur Investments.
This agreement granted Sharpe’s company immunity from litigation related to disputed land acquired through the incomplete Airport Road Construction project.
Katsimberis alleges that the State has withheld crucial documents, accusing them of bias in this legal dispute.
Central to the issue is the indemnity granted to Augur Investments OU, which Katsimberis claims provided them significant advantages in their dealings with the City of Harare and third parties.
He also questions the authority of Harare’s then Mayor Herbert Gomba and Town Clerk, Hosiah Chisango, to sign the Deed of Settlement.
Additionally, Katsimberis seeks information on the Joint Venture Agreement between the City of Harare and Augur Investments OU, highlighting its complexity with both parties involved.
Katsimberis disputes the existence of a demolition order from the City of Harare and insists on prior notification before any such action is taken.
Katsimberis is facing allegations of defrauding Pokugara Properties of US$1 million in a deal with Sharpe’s Pokugara Properties, involving the construction of a showroom later demolished by the City of Harare without a court order.
He contests the accusation of using unapproved building plans despite confirmation of plan approval by the City of Harare.
Katsimberis requests additional information from the State for his defense. The trial is scheduled to continue on September 19, 2023.
In 2008, Augur Investments controversially secured the Harare Airport Road construction contract without a tender process.
The government later canceled the contract after only completing 2.7 kilometers of the intended 20km, even though council had already transferred 273,299 hectares of land in Borrowdale’s Pomona area to Augur Investments.
The agreement stipulated that Augur Investments should construct the Airport Road connecting the Robert Gabriel Mugabe International Airport with the central business district, with 90% of the costs covered by land and 10% in cash.
Fairclot Investments, trading as T&C, handled the 2.7 km stretch for Augur Investments and claimed they were not paid for their services, leading to ongoing legal disputes.
