Prominent Harare lawyer Stanslaus Munyaradzi Bwanya has been acquitted on allegations of perjury, extortion and forgery.
Former Zimbabwe Anti-Corruption Commission commissioner Farai Mashonganyika had reported the lawyer over a land dispute in Harare’s Borrowdale area.
Magistrate Lisah Mutandereki, however, acquitted Bwanya saying the manner he was prosecuted underscored the state’s failure to establish his guilt beyond reasonable doubt.
Mashonganyika had claimed Bwanya coerced him to cede 2000m² of her land in exchange for dropping the court proceedings at the High Court where the allegations of extortion emanated from.
Bwanya denied the offence and he played an audio on the communication he had with Mashonganyika on the day.
In her ruling, Mutendereki dismissed Mashonganyika’s assertion that Bwanya solicitated for her to cede the 2000m² of land on the day.
“In cross-examination he played an audio recording of himself and the complainant’s interaction on the day in question. From the audio recording there was no such demand,” the magistrate said.
“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.”
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The court found no evidence to support the claims against Bwanya, leading to his acquittal on all three counts.
Bwanya had told the court that Mashonganyika, who is allegedly related to former first lady Grace Mugabe, had used that influence to get an 8000m² of land for only US$4000.
She acquired stand number 91 exclusive to Carrick Creagh Estate.
The ministry cancelled her title deed after the property developer Arusome Property Development through Bwanya had reported her to the ministry for fraud.
Mashonganyika later accused Bwanya of being behind the cancellation of her title deeds.
In defense, Bwanya detailed a series of events initiated by the ministry of local government that led to the cancellation of the same.
Bwanya produced a letter written to Mashonganyika by then Local Government minister July Moyo advising her of the intention of the ministry to cancel her title deeds.
The lawyer also produced a General Notice 2402 and newspaper cuttings with notices to the public on the intended cancellation of the title deeds for 14 individuals that include Mashonganyika for not paying adequate intrinsic value of the land.
The lawyer also produced a government gazette notice of cancellation of Mashonganyika’s title deeds.
The state alleged that in April 2022, Bwanya, acting on behalf of Arosume Property Development, approached Mashonganyika’s brother, Moses Gumbochuma, with a proposal to persuade Mashonganyika to relinquish 2 000 square metres of her land as part of a resolution to ongoing legal issues.
The state also claimed Bwanya fabricated a court application to obstruct development on the stand.
Bwanya denied the accusations, asserting they were baseless and malicious.
