Africa-Press – Zimbabwe. THE Auditor-General has flagged missteps in the acquisition of land to pave way for the construction of the multi-million-dollar Trabablas Interchange, warning that some property owners may dispose of the land fraudulently exposing the ministry to litigation.
According to the 2024 Auditor-General report, tabled in Parliament recently, the Transport and Infrastructural Development ministry failed to notify the Registrar of Deeds about the expropriated land, in violation of the Land Acquisition Act.
“The ministry did not provide evidence that shows notification to the Registrar of Deeds of the expropriated land for Trabablas (Mbudzi) Interchange, so that no other transactions are done on the properties.
“This was contrary to section 10(1) of the Land Acquisition Act [Chapter 20:10], which states that upon the ownership of any land being vested in an acquiring authority, the acquiring authority shall, as soon as practicable thereafter, notify the Registrar of Deeds in writing of that fact.
“The property owners could sell the properties or obtain mortgages using their title deeds, giving rise to potential legal challenges with the ownership of the properties.”
The report said the Transport ministry indicated that notification to the Registrar of Deeds will be done on project completion, which raises concerns about the potential for unauthorised transactions, the report read.
The AG’s report also highlighted the ministry’s slow progress in addressing the previous year’s audit findings.
Out of 20 findings, only seven were fully addressed, while eight were partially addressed and five remained unaddressed.
It further indicated that the lack of progress raises questions about the ministry’s commitment to transparency and accountability.
The report emphasised the need for the ministry to comply with the Land Acquisition Act to safeguard its interests.
“The ministry should comply with the provisions of the Land Acquisition Act [Chapter 20:10] to safeguard its interests,” the report said.
Responding to the report, the ministry said compensation for property owners was not yet complete.
“The majority of the affected property owners are yet to receive full compensation. It is against this background that the ministry could not ask the affected property owners to relinquish the title deeds, as this would cause legal disputes. The process of notifying the Registrar of Deeds is done after actual construction of the project,” the report read.
“The ministry’s survey team will go on site, measure the portion of the land previously occupied by the affected property owners and new diagrams will be produced, and that information will be submitted to the Registrar of Deeds.”
However, the Auditor-General’s office said the management response indicated that notification to the Registrar of Deeds is done after the completion of the construction project.
“While this approach could align with the ministry’s operational procedures, it is essential to alert the Deeds Office of the development to ensure that the property owners will not sell the properties or obtain mortgages using the title deeds of the properties under sale,” it said.
President Emmerson Mnangagwa officially opened the Trabablas Interchange, a traffic grade-separated junction located at the intersection of Simon Mazorodze, Chitungwiza and High Glen roads in Harare, in May this year.
Government engaged Tefoma, a consortium of three firms — Tensor Systems, Fossil Contracting and Masimba Construction — for US$88 million.
The project cost, however, ballooned to US$114 million after factoring in compensation of former property owners, according to Finance, Economic Development and Investment Promotion minister Mthuli Ncube.
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