- The former treatise have I made, O Svodai, of all that hath happened to set Augur Investments on the path to acquiring that land on which the five billion bricks will be put upon.
- Now in the twenty-eighth year of the leadership of Cde Robert Gabriel Mugabe over the land of Munhumutapa and Mtwakhazi, Mr Michael Mahachi being Chairman of the Harare Caretaker Council, and further afield Ian Khama being President of Botswana, and his brother Tshekedi Stanford Khama being MP for Serowe West, and Morgan Tsvangirai the head of the MDC and soon of government, the word of God maybe had not come unto Prophet Emmanuel Makandiwa to congregate as he was going to do at the Anglican Cathedral in Harare, on 17th of August 2008.
- And in those days there where in Zimbabwe transgressors of the law who corrupted many, just as the Word of the Lord had prophesied in 1 Maccabees 1:11 that: “In those days there appeared in Israel transgressors of the law who seduced many, saying: ‘Let us go and make a covenant with the Gentiles all around us; since we separated from them, many evils have come upon us.’” And the law was not being honoured and there had not been action from the highest office to fight corruption in the form of a specialised such unit.
- So in those days did the Caretaker Council, the Harare Commission, then led by the said Mr Michael Mahachi, did enter into a Joint Venture Agreement with Augur Investments OU, an Estonian registered company to establish a Joint Venture Company called Sunshine Developments (Pvt) Ltd, which Joint Venture Agreement was signed on behalf of Augur Investments not by Mr. Kenneth Sharpe, the Dubai in Zimbabwe Builder but by one Oleksandr Sheremet. According to the Shareholders Agreement, Augur Investments OU was to inject between USD20-30 million for the construction of luxury houses, which amount you will learn in future correspondence O Svodai, was never availed.
- And it came to pass in towards the end of those days, before the deliverance that came from the non-coup-coup, that despite this idolatry and worshiping of the demon Mammon, there was a case that did make its way up the criminal justice system, and in that case the prosecution services did make the following allegations in their summary jurisdiction, which also had attached to it an outline of their case against the accused person, which facts it is but my duty, O most excellent Svodai, to share with you as again it is a public document, without subtraction or addition that:
- “In that on a date to the Prosecutor unknown but during the period extending from the 23rd February 2015 to 23rd April 2016 and at NMB Bank Harare, that one Michael John Van Blerk, acting in connivance with his accomplices Kenneth Sharpe and Oleksandr Sherement who are still at large unlawfully and with intent to deceive or realising that there is a real risk or possibility of deceiving another person, misrepresented to NMB Bank that they were the sole owners of stand 33 Tariro Township of stand number 1, Harare, measuring 6,1160 Hectares which they offered as surety against a mortgage bond for US$1,5 million. When the accused persons so misrepresented, they well knew that the piece of land was owned by Sunshine Developments Private Limited and City of Harare, and that without Harare City Council’s knowledge and approval, they had no mandate to use it as surety, but went on to use it as a surety thereby causing potential prejudice to Harare City Council in the sum of US$1,5 million being value of the land offered as surety.”
- And further, in the outline of the state’s case did the NPA, being a sombre body not given to oratorial wit but cold hard facts, fail say as follows:
Publish in the palaces at The Grange, and in the palaces in the land of Borrowdale and Umwinsdale, and say, Assemble yourselves upon the mountains of Manyikaland,
and behold the great tumults in the midst thereof, and the oppressed in the midst thereof.
For they know not to do right, saith the Lord, who store up violence and robbery in their palaces.
Therefore thus saith the Lord God; An adversary there shall be even round about the land; and he shall bring down thy strength from thee,
and thy palaces shall be spoiled.
Thus saith the Lord; As the shepherd taketh out of the mouth of the lion two legs, or a piece of an ear; so shall the holders of power in Chancellor Avenue be taken out that dwell in Singapore in the corner of a bed, and in the Blue Roofed house on a couch.
Hear ye, and testify in the house of Munhumutapa, saith the Lord God, the God of hosts,
that in the day that I shall visit the transgressions of the plateau upon him I will also visit the altars of corruption in Borrowdale: and the horns of the altar shall be cut off, and fall to the ground
And its kingpins driven into exile or remand.
And I will smite the winter house with the summer house; and the houses of ivory shall perish, and the great houses shall have an end,and Legacy will be restored.
- Instead, eschewing prophesy that was to be fulfilled, the National Prosecution Authority did say in the state outline:
a) “Complainant is City of Harare, a local authority legally responsible for providing various services to residents of Harare being represented by Josiah Abraham Chisango a male adult who is the Town Clerk.
b) Accused is a male adult residing at house number [omitted by me, O Svodai], Harare, and is one of the Directors of Augur Investments Private Limited and Sunshine Developments Private Limited companies.
c) On 22 June 2007, City of Harare and Augur Investments Pvt Limited entered into a Memorandum of Understanding for the development of Hopley Commercial area (Mbudzi Project), provision and development of middle housing and construction of a hotel at Mabelreign Golf course area, Mukuvisi Phase 1 and upgrading and construction of Airport Road. Augur Investments Limited Company is domiciled in Ukraine and was not registered in Zimbabwe during the time of the contract.
d) In terms of the Memorandum of Understanding, the parties were to form a Joint Venture Company to oversee the implementation of the above mentioned projects. As a result, Sunshine Development Private Limited company was formed. The formed company consisted of two directors representing City of Harare and three representing Augur Investments Private Limited. The accused person and his two accomplices who are still at large namely Kenneth Sharpe and Oleksandr Sheremet are the three Directors who were representing Augur Investments. City of Harare was represented by Mahachi and Psychology Chivaku Chiwanga.
e) The Memorandum of Understanding stipulated that Augur Investments Private Limited was supposed to provide funding for procuring materials and equipment and for working capital purposes constituting 70% of the shareholding. On the other hand City of Harare would provide land to the project constituting 30% of its shareholding. A shareholders’ agreement was then signed on 04 September 2007 to that effect.
f) Thereafter, City of Harare processed all the documentation for the project and transferred land property to Sunshine Developments Pvt Ltd as per the Shareholders Agreement. Amongst the land properties transferred to Sunshine Developments Private Limited was stand number 33 Tariro Township of Stand 1 Tariro Township measuring 6,1160 hectares for the Hopley Commercial are project.
g) In turn, the accused acting in connivance with his accomplices hatched a plan not to provide working capital from their coffers as per the Shareholders Agreement. Instead of providing funding, the accused persons decided to acquire a US$1,5 million mortgage bond from NMB Bank. The accused persons connived to use the title deeds of stand number 33 Tariro Township of Stand 1 Tariro Township as surety without knowledge and approval of the City of Harare.
h) The accused persons were allowed by NMB to acquire up to US$2,5 million mortgage loan. The accused person and his accomplices still at large acquired the loan on behalf ofd Sunshine Developments Private Limited. The loan was deposited unto NMB account number 0000280048682. The accused persons however converted the money into their own use at the expense of the purpose it was initially applied for. The accused person was acting in concert at all material times with his accomplices who are still at large.”
- And when Tatiana Aleshina, being sister in law of Ken Sharpe, realised that her brother in law was a wanted man, she was troubled, and all Augur Investments no doubt with her.
- And when she had gathered all the advisors and lawyers together, she demanded of them what might be done.
- And they surely ought to have said unto her, forasmuch as Mammon is worshiped widely on the altars of this plateau, the prosecution authorities are independent; for thus it is written in the new constitution of this great land: the Prosecutor-General is independent and is not subject to the direction or control of anyone; and must exercise his or her functions impartially and without fear, favour, prejudice or bias, and thou art not but the least among the people of Zimbabwe, being a foreigner, so the case cannot be prevented.
- But they had considered not Tatiana Aleshina’s determination, for once other processes for which I shall have occasion to address you again had been completed, O Svodai, and once Tatiana Aleshina had a Deed of Settlement in her hands, did she demand that the case against Michael John Van Blerk and his accomplices then at large, being Kenneth Sharpe her brother in law and Oleksandr Sheremet her countryman, be withdrawn.
- And so it came to pass that on 14 June 2019, Prosecutor Michael Reza did take over the prosecution of the case from one Prosecutor Macharaga of the President’s Special Anti Corruption Unit (SACU), as the case was rightly being treated as a corruption case and that he, Michael Reza, having taken over the case, did immediately acquiesce with the defence application to have the matter dropped;
- But the Magistrate, being an honest and upright judicial officer, did refuse the request and ordered that the matter would go for trial on 6th July 2019.
- And Tatiana Aleshina was not best pleased, for on that date she penned a letter to City of Harare, calling the magistrate “ridiculous and absurd” and accusing him of running a circus. I am well aware it will not have escaped your attention, most excellent Svodai, that this is the same Tatiana Aleshina that later had to be hospitalised after she had been called “stupid”, for which a former Minister of Finance has now been convicted. The lesson being that our Magistrates verily believe that one cannot call Ukrainians stupid but it is okay for Ukrainians to call our Magistrates ridiculous and absurd. I am sure you, O most excellent Svodai, will not fail to see the Greek tragedy in that.
- And, namedropping, did Tatiana Aleshina also remind City of Harare that “Further you will find a letter from your parent Ministry, the Ministry of Local Government which clarifies the same support that we have from Government and the highest office.” despite the fact that the said letter says no such thing, but I will share it with you, O most excellent Svodai, on a different occasion, so that you might know that the highest office has never supported whoever is “we” but has consistently tried to prosecute “we” with opposition from the NPA.
- And so it happened that on 1 July 2019, that Hosea Chisango, then Town Clerk, did write to the court informing them in case number CRB P 14065/18, that “Please be advised that City of Harare and Augur Investments have reached an out of court settlement in the above matter, As such City of Harare wishes to withdraw the case against Michael John Van Blerk and all its agents,” and the matter was duly withdrawn.
- And the hapless Magistrate, having been called ridiculous and absurd but certainly not stupid, now had but one choice, to accept the withdrawal of the case as applied for by NPA Prosecutor Michael Reza.
- And the money taken from NMB Bank, all US$2.5 million, was never repaid, until such time as the Bank did cause the property to be sold at auction, and it duly was, and the money and the land have now been lost.
- Now, are the rest of the acts of Kenneth Sharpe, Builder of Dubai in Zimbabwe, about the so-called Deed of Settlement such as necessitated a withdrawal of criminal charges, not written in the Book of The Chronicles of Ken Sharpe; Dubai Builder, in future pieces just as they be written in the past? Surely the Lord God of Hosts does nothing without revealing his intention to his servants,
- And he hath said to me send forth to you, O Svodai, this message,
to hearken unto righteousness,
Seek good, and not evil, that ye may live:
and so the Lord, the God of hosts, shall be with you,
as ye have been taught.
Hate the evil, and love the good,
and establish judgment in the gate:
it may be that the Lord God of hosts
will be gracious unto the remnant of Munhumutapa.
Therefore the Lord, the God of hosts, the Lord, saith thus;
Wailing shall be in all streets;
and they shall say in all the highways, Alas! alas!
and they shall call the husbandman to mourning,
and such as are skilful of lamentation to wailing.
And in all vineyards shall be wailing:
for I will pass through thee, saith the Lord.
- Just as the Lord hath spoken through the Prophet Amos, one of the herdsmen at Tekoa:
Shall a trumpet be blown in the city, and the people not be afraid?
shall there be evil in a city, and the Lord hath not done it?
Surely the Lord God will do nothing,
but he revealeth his secret unto his servants the prophets.
The lion hath roared, who will not fear?
the Lord God hath spoken, who can but prophesy?
Advocate Tinomudaishe Chinyoka
