Lawyer acquitted, prosecution criticised

Yeukai Karengezeka, Court Correspondent

HARARE lawyer Stanslaus Munyaradzi Bwanya has been acquitted of perjury, extortion, and forgery over a protracted land dispute in Carrick Creagh Estate, Borrowdale, Harare.

In delivering her judgment, Magistrate Lisah Mutendereki criticised the manner in which the case was prosecuted, underscoring the State’s failure to establish guilt beyond a reasonable doubt.

“Lawyers act on instructions, and it would be a sad day for justice if lawyers are prosecuted for carrying out mandates given by their clients,” she said.

The court found no evidence to support the claims against Mr Bwanya, leading to his acquittal on all three counts.

The case traced its origins to 2009, when former Zimbabwe Anti-Corruption Commission Commissioner Farai Olivia Mashonganyika acquired stand 91 in the exclusive Carrick Creagh Estate.

The property, secured through the Ministry of Local Government and Public Works, was bought for $10 000 in development fees paid to Arosume Property Development, with an additional $4 000 covering the intrinsic value of the land.

Title deed number 5690/2011 cemented her ownership. However, over a decade later, this seemingly settled transaction became the subject of a bitter legal dispute.

The State alleged that in April 2022, Mr Bwanya, acting on behalf of Arosume Property Development, approached Ms Mashonganyika’s brother, Mr Moses Gumbochuma, with a proposal to persuade Ms Mashonganyika to relinquish 2 000 square metres of her land as part of a resolution to ongoing legal issues.

Additionally, the State claimed Mr Bwanya fabricated a court application to obstruct development on the stand.

Mr Bwanya denied these accusations, asserting they were baseless and malicious.

Magistrate Mutendereki’s analysis of the evidence revealed significant gaps in the prosecution’s case.

Witnesses failed to corroborate the claim that Mr Bwanya had demanded a portion of Ms Mashonganyika’s land. Instead, Mr Bwanya provided a recorded conversation with Ms Mashonganyika as evidence of his innocence.

Although Ms Mashonganyika dismissed the recording as unreliable, the investigating officer admitted that it had never been authenticated.

Mr Bwanya also faced allegations of perjury and forgery, with the State accusing him of submitting a fraudulent deed of transfer to the High Court. He categorically denied the charges, describing them as a deliberate attempt by Ms Mashonganyika to evade accountability for occupying State land unlawfully.

Throughout the trial, Mr Bwanya maintained that his actions were rooted in his duties as a legal practitioner and conveyancer acting for Arosume Property Development.

His defence was supported by documents, witness testimony, and officials from the Deeds Registry.

Ultimately, the court acknowledged Mr Bwanya’s professionalism and the legitimacy of Arosume’s interest in the land.

The acquittal not only clears Mr Bwanya of all charges, but also restores his reputation as a respected legal professional.