By Martin Mawaya
The Gokwe Magistrate Taurai Manuweri has granted the state application
to remand River Valley Properties Chief Executive Officer Dr Smelly
Dube in custody.
Delivering the ruling, Manuweri said the court granted the application
for remand on the basis that “there are reasonable suspicion that the
crime was committed”.
He added that the defense counsel has not opposed the application for remand.
“The defense counsel did not oppose the facts on placement on remand
but challenged the application on the basis that the accused person’s
constitutional rights were violated,” Manuweri said.
He said “Section 85 of the Zimbabwe Constitution provides a remedy if
the accused person feels that her constitutional rights were
violated”.
Dr Dube was arrested on the 3rd of March 2021 while admitted at a
private hospital, was represented by Advocate Joshua Chirambwe
assisted by Nqobani Sithole and MacPatrick Zinyakatira.
She is facing three counts of fraud or alternatively conspiracy to
criminal abuse of duty by a public officer as defined in section
189(1) of Criminal law codification and reform act chapter 9:23.
It is the state case that Dube connived with Matilda Manhambo a former
housing officer in the Ministry of local government and public works,
Jaison Machaya former Govenor and Resident Minister and Shephered
Marweyi former District Administrator to be allocated a total of 2169
stands where beneficiaries prejudiced more than US$ 9.4million.
It is alleged that in 2005 working in collusion with Manhambo, Dube
allocated 669 stands at small Holdings 4 ( Woodlands Park) on behalf
of the former late Resident Minister Cephas Msipa without authority
from the responsible ministry.
She serviced the stands and misrepresented to the beneficiaries that
she owned the land and sold to them for US$3.50 per square metre
without a binding agreement with the government and the beneficiaries
prejudiced a total of US $468 300.
On the second count it is alleged that Dube working with Machaya and
Marweyi through a letter they cosigned at Mabula farm in Zvishavane
allocated 1000 stands despite the fact that the land was not handed
over to the Ministry of Local Government and Public Works by the
Ministry of Rural Resettlement.
She serviced the stands and misrepresented to the beneficiaries that
she owned the stands and sold them for US$10 to US$15 per square metre
and the beneficiaries were prejudiced of US$6000 000.
Dube in 2013 is alleged to have been allocated stands at Magakooshla
Shurugwi by Machaya and Marweyi with no authority from the Ministry of
Local Government and Public works.
She sold it at US$9 to US$15 per square metre without the approval of
engineering designs and beneficiaries prejudiced US$3000 000.
The case was adjourned to the 9th of March 2021 for bail hearing.
Mirirai Shumba prosecuted.