THE Attorney-General’s Office yesterday said businessman Mr Frank Buyanga was free to conduct property transfers in Zimbabwe as they had only launched a probe into his dealings in the wake of complaints by people who lost properties they surrendered as surety for loans.
The probe was, however, dropped after it became evident the complainants had defaulted on paying the loans advanced by the youthful businessman who recently imported an avante garde Bugatti Veyron.
“A few years ago we carried out some investigations on him but we discovered that these people who had approached our offices had borrowed money from Mr Buyanga and were only trying to find a way of not paying him back the money,’’ the AG’s Office said yesterday.
“We even went to the extent of denying to prosecute him since there was no case against him. Mr Buyanga is, however, not blacklisted from making property transfers. There is nothing like that.”
On Thursday, a registrar from the Deeds Office testified in court that the businessman, who has been at the centre of an alleged fraudulent house sale, was in fact the legal property owner.
According to Ellen Runyararo Mawire, title deeds held at her office in respect of the property in question were legally registered in Buyanga’s name but the registrar had rejected Bishop Jeche’s (the now accused person’s) attempt to transfer the property into his name.
Jeche and his company East Rivet are appearing before Harare regional magistrate Mr Hosea Mujaya charged with alleged perjury and fraud after allegedly lying under oath that they had become property owners after buying the house for $35 000 from Buyanga.
The court heard that Steven Nyoka was subsequently evicted from the property consequent to Jeche’s action.
Nyoka claimed that after receiving a $19 000 loan from Buyanga his property valued at $130 000 was reportedly later sold in breach of an agreement the parties entered into.
Testifying before Mr Mujaya, Mawire said the registrar required a conveyancer to bring an old deed, draft of the new deed, declaration by purchaser, rates clearance certificates and stamp duty for transfer of immovable property from one person to the other.
She said the documents would go through a vetting process before being signed or rejected by the registrar of deeds.
“If the documentation had any queries it would be rejected and the deed I have here ID number 974/2010 indicates that Orton Drift, which is Buyanga’s company, is the owner of the property,” Mawire said.
“However, transfer was rejected because in 2010 when East River approached our offices the then Attorney-General through ChrisMutangadura had given us instructions barring our offices from transferring any of Buyanga’s properties because there were pending issues in court.
“According to records held at our office the house belongs to OrtonDrift and although East River made efforts it was rejected and no deed was transferred.”
Jeche’s lawyer, Mr Admire Rubaya, was happy that the Deeds Office had discredited Nyoka as the legal owner of the property.
His argument was that there are documents reflecting that Orton Drift had sold the house to East River and that sale was actually endorsed on the deed of transfer although it had been rejected.
“As it stands and with authority you can tell that Nyoka is not the owner of the property in question? It was since transferred from Nyoka to East River? There has been no court order which stopped transfer from Orton Drift to East River?”
Mr Buyanga could not be reached for comment.