By Desmond Chingarande Former City of Harare employee Roy Nyabvure who is the state witness in the case of former Pokugara properties General manager Michael Van Blerk who is accused of perjury has been exposed in court after it was discovered that he was the one who caused the demolishing of a showroom house in Borrowdale after fraudulently approved a building plan.
The court also heard that Nyabvure was later dismissed from work after the fraudulent plan was discovered.
Nyabvure was testifying against Van Blerk who is accused of depositing an affidavit at the High Court stating that the building plan used to build the house was fraudulent.
The complainant George Katsimberis is accusing Van Blerk and Pokugara properties of unprocedurally demolished the showroom he built under the joint venture agreement with Pokugara properties.
While under cross examination Nyabvure was asked by Van Blerk’s lawyer Advocate Tawanda Zhuwarara if he is the one who signed the alleged building plan and he replied in positive.
Zhuwarara gave Nyabvure a letter which was written by the City of Harare acting chamber secretary Charles Kandemiri confirming that the said plan did not follow procedure when it was approved.
The letter was read in court saying the plan did not follow circulation procedure for it to be approved.
Nyabvure admitted that the letter admitted as evidence was saying the plan didn’t follow circulation procedure but said the plan was correctly approved.
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“Inspection conducted by officials from my development control section on the 26 of July 2018 and recorded in my register as DC/ENF/Reg/ CR/14/18 revealed that you have erected a house without approved plans with material not recommended by council. Found on the property was a main house built without approved plans and building materials not recommended by council,” one of the letters written by city of Harare acting housing director Zvenyika Chawatama submitted in court reads.
However Nyabvure insisted that the plans were approved.
Zhuwarara told Nyabvure that he signed the plan before it circulated to different offices for approval and that by testifying in court he was trying to defend his fraudulent approval.
“Although the stamps were authentic the procedure was not followed. So you put your signature on a plan that was not circulated and you’re here to defend your fraudulent approval and by signing the plan resulted in the house built without proper documentation demolished,” Zhuwarara said.
Nyabvure said he do not fix stamps and cannot fraudulently do that.
“Do you have evidence that the the plan you approved circulated before you signed? Zhuwarara asked.
“I do not keep records,” Nyabvure replied.
Another letter from the City council housing director Chawatama giving Pokugara properties notice to demolish the showroom was produced by Zhuwarara and read in court.
“You’re therefore advised to demolish the house on or before 30 august 2018 but the period will be extended to 30 September 2018,”Chawatama wrote
Zhuwarara told Nyabvure to comment saying six council officials have stated through correspondence that the showroom was built without approved building plan.
Nyabvure replied that they were lying.
Another letter was produced in Court which was directed by the City of Harare to the police who were investigating a fraud matter against the complainant saying the showroom was built without approved plans.
Magistrate Ngoni Nduna postponed the matter to August 30 for continuation of trial.
