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Prosper Dembedza Herald Correspondent

The perjury trial of former Pokugara Properties general manager Micheal VanBlerk today hit a brick wall after the prosecutor Mr Zivanai Macharaga told the court that his witness was not in attendance.

Mr Macharaga successfully requested that the matter be deferred to September 22 for continuation.

During the previous sittings, the key witness in the matter, Roy Nyabvure, was left with an egg on his face after it was revealed that he was the one who caused the demolition of a showroom house in Borrowdale after fraudulently approving a building plan.

It was also established that Nyabvure who is a former City of Harare employee was later dismissed from work after the fraudulent plan was discovered.

The revelations came out when Nyabvure was testifying against Van Blerk who is being accused of depositing an affidavit at the High Court stating that the building plan used to build the house was fraudulent.

The complainant, George Katsimberis is accusing Van Blerk of demolishing the showroom he built under the joint venture agreement without following procedures .

Asked during cross examination by Van Blerk’s lawyer advocate Tawanda Zhuwarara if he is the one who signed the alleged plan which was used to build the illegal showroom, Nyabvure admitted.

The advocate then handed Nyabvure a letter which was written by the City of Harare acting chamber secretary Charles Kandemiri confirming that the said plan did not follow procedure when it was approved.

Kandemiri’s letter was read in court stating the plan did not follow circulation procedure for it to be approved.

Nyabvure agreed that the letter said the plan didn’t follow circulation procedure but alleged that the plan was correctly approved.

“Inspection conducted by officials from my development control section on the 26th of July 2018 and recorded in my register as DC/ENF/Reg/ CR/14/18 revealed that you have erected a house without approved plans, with material not recommended by council. Found on the property was a main house built without approved plans and building materials not recommended by council,” one of the letters written by City of Harare acting housing director Zvenyika Chawatama submitted in court reads.

However, Nyabvure insisted that the plans were approved.

Zhuwarara told Nyabvure that he signed the plan before it circulated to different offices for approval and that by testifying in court he was trying to defend his fraudulent approval.

“Although the stamps were authentic the procedure was not followed. So you put your signature on a plan that was not circulated and you are here to defend your fraudulent approval, and by signing the plan it resulted in the house built without proper documentation being demolished,” Zhuwarara said.

Nyabvure denied fixing stamps.

Advocate Zhuwarara also asked Nyabvure whether he had evidence that the plan he approved circulated before he appended his signature.

Nyabvure responded by saying that he does not keep records.

Advocate Zhuwarara then produced another letter from the City Council housing director Chawatama giving Pokugara Properties notice to demolish the showroom which was again read in court.

“You’re therefore advised to demolish the house on or before 30 august 2018, but the period will be extended to 30 September 2018,” reads Chawatama’s letter.

Zhuwarara told Nyabvure to comment saying six council officials have stated through correspondence that the showroom was built without an approved building plan.

Another letter was produced in court which was directed by the City of Harare to the police who were investigating a fraud matter against the complainant saying the showroom was built without approved plans.