By Court Reporter
George Katsimberis, a Harare based land developer has approached at the highest court in the land, as he seeks relief over the refusal by the National Prosecuting Authority and Attorney General’s office to act on a potential breach of his rights to protection of the law.
The challenge was issued last week at the Constitutional Court in the Capital.
Katsimberis launched the application against his former business partner along with City of Harare officials in a matter relating to malicious damage of his show house.
According to court documents seen by this reporter both Sharpe and City of Harare Officials are facing charges of malicious damage to property and perjury in a case which is still before the courts of law.
Katsimberis application comes on the fact that fraud charges leveled against himself on the basis of scraping fraud charges filed on the same set of facts which according to his Constitutional Court application is in breach of rights to protection by the law.
Kenneth Raydon Sharpe a fugitive of justice is still at large in a number of court case.
Harare based renowned lawyer, Tendai Biti filed the Constitutional Court application on behalf of Katsimberis.
The court papers reveals that Katsimberis entered into a partnership agreement with a company known as Pokugara Properties owned by Kenneth Sharpe. The partnership was intended to develop Pokugara Estate along Borrowdale road into high class residential settlements.
“Pursuant to this, I proceeded to attend to the servicing of the land, the procurement of architectural plans and the construction of a luxurious show house at the stand.
“It is this showroom that I am alleged to have constructed without architectural plans in terms of the charge against me,” he said.
The application also show that Katsimberis invested overwhelmingly at a tune of US$3 Million meant for developing and servicing Pokugara Estate and has since instituted legal proceedings against Sharpe, Pokugara Properties and his associates for damages in the sum of US$20 Million.
Sharpe dubiously canceled and ignored the agreement and furhter went on to destroy Katsimberis’ show house without a legal order.
“Pursuant to this I commenced legal proceedings in the High Court of Zimbabwe in respect of which I sought an order interdicting Kenneth Raydon Sharpe and his associates from destroying the show house and from ejecting me from the project.
“In response to my court application…Kenneth Raydon Sharpe and his associates made a false allegation in their opposing affidavit that I had constructed the show house with valid architectural plans approved by the City of Harare and that in any event I has used inferior material in the construction of the show house.
“The allegation by Kenneth Raydon Sharpe and his associates was clearly false and was perjury,” said Katsimberis.
He further submitted to the Constitutional Court that he has since reported Sharpe’s associates including Michael John Van Blerk, the then City of Harare Town Clerk Hosiah Chisango and others to the Zimbabwe Republic Police for perjury under case number CR2723/08/2019 and CR2722/08/2019, a case now before the Harare Magistrates Court.
Katsimberis said he was shocked to learn that he was being charged with fraud for misrepresenting to Pokugara Properties that he had approved architectural plans.
“This on the same set of facts, I now find myself in a position where I am a complainant on one hand and a witness in the case against Michael John Van Blerk.
“How does an individual become a witness and an accused person on the same set of facts?
“The above constitutes an infringement on my right to equal protection and benefit of the law as defined by Section 56 (1) of the Constitution as well as my right to a fair trial codified and protected by Section 69 (1) of the constitution of Zimbabwe,” further argued Katsimberis.