By Judith Nyuke
Former Zanu PF youth leader Jimu Kunaka and his accomplice will spend the night in Harare Remand Prison after a magistrate postponed their bail application until tomorrow.
The two are accused of unlawfully taking over a piece of land in Harare.
Cuthbert Molisen Finiyasi, 71, Jim Kunaka, 46, appeared before Harare magistrate Marewanazvo Gofa.
According to Court papers, the complainant in this matter is Sunshine Development (Pvt) Ltd represented by Mandla Marlone Ndebele in his capacity as the Chief Projects Officer.
The State alleges that sometime in 2020, Finiyasi and Kunaka purporting to represent Ward 2 Flats Housing Pay Scheme fraudulently invaded stand number 19608 Mukuvisi Township and started some illegal excavations, pegging and illegal disposition by sell of residential stands in this said property.
To redeem their property rights the complainant successful obtained an interdict order compelling them to stop their illegal activities.
On the 18th of September 2023, complainant obtaining another interdict against Ward 2 Flats housing Cooperative Society. The High Court ordered them to vacate the property within 48hrs of date of the service of the order.
It is also alleged that sometime in 2019 to 2020, Finiyasi and Kunaka ceased to be members of ward 2 flats and Housing scheme.
When they seized to be members of the cooperative, they had already allocated themselves some stands.
Despite lacking legitimate ownership, the pair alongside Nomore Mhonde (who is on the run) reportedly persisted in their efforts to unlawfully claim stand number 19608, Harare Township.
They misled the local District Officer by presenting a compiled list of applications for pay schemes, which were still under consideration for regularization and had not yet received council approval.
Further allegations are that on 7 July 2025, the pair together with Nomore Mhonde engaged Barrysmith Projects and Developers a company known for civil infrastructure development to commence construction on the stand. They falsely represented themselves as the rightful landowners under the guise of the “Ward 2 Flats and Housing Scheme.”
On the same day Barrysmith represented by Kawawa James being the General Manager of Barrysmith reportedly entered into a memorandum of agreement with the accused persons and Nomore Mhando who is still at large.
The obligation of the parties was that Barry Smith would develop the land and Barry Smith would get 55% of the total residential stands and one commercial stand to the developer as remuneration for the land development services.
Barrysmith mobilized earthmoving equipment and deployed the equipment on the site, a cabin and fence were erected as the site office. Barrysmith opened roads up to subgrade level and have spent approximately US$70 000-00 developing the land.
As a result of this misrepresentation, Sunshine Development suffered a potential prejudice of US$1.5 Million.
