KAROI magistrate Morbilising Makati, on Friday, fined Zanu PF Hurungwe East legislator Chenjerai Kangausaru and ordered him to vacate the Chitonga farm he occupied using forged documents.
Following his long-awaited sentencing following his conviction in November last year, McAtee was handed a three-month prison sentence with the option of paying a $300 fine.
“The accused (Chenjerai Kangausaru) shall be fined US$300 or imprisoned for three months. He shall also be ordered to vacate the gazetted farm (Chitunga Subdivision 1) by 30 April 2024.”
Kangaosaro was convicted of using forged offer letters to seize the 26-hectare Chitunga farm in Hurungwe.
The farm became the subject of controversy after Kangausaru took it over using fake offer letters denying Tichafa Tendayi the opportunity to occupy the farm. Kangaosaru later faced a charge of violating Section 3(1) of the Lands (Consequential Provisions) Act. [Chapter 20:28] It is referred to as the occupation of lands published in the Official Gazette without legal authority.
Prosecutor Progress Mabonde told the court that Kangaosaru illegally occupied Section 1 of Chitunga Farm in Tingwi District sometime in November 2014.
The state represented by the Hurungwe District Lands Officer was the complainant while Tendayi (54) who resides in sub-section 1 of Chitunga Farm was the informant.
“Techava Herbert Vincent Tendai is one of the beneficiaries and legal occupier of Subsection 1 of the Chitunga, Tingwi and Hurungwi farm, while one Dube is the second beneficiary,” the court papers said.
“Kangaosaro in his illegal occupation of sub-section 1 of Chitunga Farm, Tingwe, Hurungwe within Mashonaland West Province does not hold any document of possession.
“The accused had no legal right to act in this way. The complainant must have a valid offer letter justifying his occupancy of the disputed plot of land.
During the trial, Kangaosaro claimed in his defence, that he had been given an offer letter from the Ministry of Lands signed by the former minister, Douglas Mumbeshura, in February 2014.
He presented two letters of offer to the Hurungwe District Land Committee issued by Mombashora, but they bore different signatures.
According to supporting documents from the Ministry of Lands, Kangaosaru had no official documents with a paper trail, making his case a typical criminal offense of using forgery to occupy gazetted land.
“Ministry records show that you (Mr Tendayi) are still the beneficiary of the 262 hectare Chitonga Subdivision 1 in the Hurungwe District. Your offer letter dated 3 November 2014 was withdrawn only on 12 March 2015 to correct your first and last name and a replacement offer letter was sent in the same day.
“Chingerai Kangaosaru does not have an offer letter for Subdivision 1 in Chitunga, according to ministry records,” said one of the people, Sivas Majoz, in a letter submitted to the court.
Majoz is a former director at the Ministry of Lands.
Kangaosaro won the August election, defeating Citizens Alliance for Change candidate Blessing Mandava, and has been residing on the disputed farm for nearly 10 years.
