Shabani Mashaba Mines (SMM) CEO, Mr Chirandu Dhlembeu Acknowledges the ‘Hijacking’ of Mawere’s Mount Pleasant House

Brian Kazungu, 28/04/2021

SMM Holdings Limited CEO, Mr. Chirandu Dhlembeu acknowledged and took personal responsibility over the unlawful hijacking of Mawere’s house following investigations by the Zimbabwe Anti-Corruption Commission (ZACC) on some fraudulent lease arrangements.

According to investigations, Dhlembeu acknowledged that he authorized the agreements without approval from Gwaradzimba, the Administrator who was appointed by then Minister of Justice, Legal and Parliamentary Affairs, Patrick Chinamasa to have oversight on SMM operations.

However, in a new twist of events, ‘alleged’ further investigations by the Anti-Corruption Commission is said to have established that the contracting party in the lease agreement which also involves an estate agent is neither Dhlembeu himself nor SMM as previously submitted.

The ZACC official in charge of the matter, when contacted for comment on the issue, only referred to the mysterious missing figure as a ‘third party’ and promised to follow some leads on the matter.

Facts established by this paper show that the arrangement in relation to Mawere’s house that existed prior to the introduction of the extra-judicial Reconstruction of SMM were surprisingly allowed to continue outside the limitations imposed by the same Act.

While commenting on Dhlembeu’s feedback that he acted on his own without the knowledge of both Mawere and Gwaradzimba in engaging and concluding a contract with Knight Frank and Rutley Zimbabwe (KFRZ) to manage Mawere’s property, law expert, Mr. Frederick Kyle, said:

“This is shocking that Mr. Dhlembeu in any constitutional dispensation would deal with another person’s property without the authority and consent of the owner.”

Mr Kyle who is also a C2C Legal Literacy Initiative member expressed doubts of any personal financial gain by Dhlembeu but highlighted that in any case, if he did it for the benefit of SMM, he is liable for perjury and must be arrested and charged accordingly. 

“I doubt if the rental income was paid to his personal bank account. If it was, then he doesn’t need to benefit from the protection of the law. If the funds were paid to the order of SMM, then he deserves another charge of perjury and defeating the ends of justice.”

The charges are clear and obvious. Instead of assisting the investigators, he has taken the view that protecting Gwaradzimba is more important than protecting the rule of law. His version that he acted without the knowledge and consent of Gwaradzimba automatically should lead to his dismissal.

The fact that he remains employed by SMM after admitting to a crime, confirms his complicity with Gwaradzimba in the hijacking of Mawere’s property by abusing public power conferred by law.

There appears to be no law or authority that should protect both Dhlembeu and Gwaradzimba from handcuffs.” Mr Kyle said.

The ZACC official who spoke on the matter said that a tenant in the house has already been given a three month notice to vacate the premises and pleaded that Mawere should be thankful of the effort shown by ZACC so far and must wait for the final case report.

However, Mawere queried the rationale of continuing with investigations when it is already established that there are people illegally benefitting from his property for 17 years and asked also how the ‘alleged’ third party could enter into a contract for his property without his consent.

He also sought to establish the ZACC officer’s logic of giving the tenant a three month notice, a development which accords respect to an illegal contract that was fraudulently obtained.

 “I had no idea that Zimbabwe would descend to this level of anarchy where property rights can be infringed upon with the law enforcement agencies playing a complicit and enabling role.” Mawere said.

Other people privy to the developments in this whole saga described the ZACC ‘excuse’ as an abuse of the law to safeguard the interests of criminals at the expense of their victims.

Friends of SMM (FOSMM), Secretary General Mr. Tapuwa Chitambo expressed shock on revelations that the Reconstruction Act could have been ‘used’ to commit a crime where someone assumes control and management of another’s property without the owner’s permission.

“To me, knowingly and intentionally hijacking the property to the financial prejudice of the owner is a crime period. If it is correct that Gwaradzimba had no knowledge of this, then he is not fit for purpose.

The only way to start knocking them is for him, Dhlembeu, to be arrested. If he is not arrested, then he will be above the law. He has admitted he used for gain, someone else’s property without their knowledge or consent.

Why would the Minister of Justice appoint a person like this who can claim that for 17 years, he was not aware that SMM was receiving rental income for a property that fell outside the jurisdiction of SMM and his control?

It is strange that to date, no records of the money flows have been furnished to the owner of the property by Gwaradzimba and his accomplice, Dhlembeu, and on the face of it, it is clear that a scheme or conspiracy to defeat the ends of justice is in play here.

To compound matters, it was ultra vires the Recon Act for an employee like Dhlembeu to knowingly and intentionally enter into any lease in relation to the house during the period of reconstruction. Dhlembeu must be charged in terms of the common law and other provisions.”