By Senior Reporter

Kenneth Raydon Sharpe, a controversial businessman has failed to comment on the “Deed of Settlement”, a secret pact that was crafted by Minister of Local Government, July Moyo to protect him from prosecution. The Deed of Settlement was instrumental in granting Sharpe immunity from arrest.

In a Press Release recently published in the local press, Sharpe failed to explain on the Deed of Settlement that saw him enjoying an immunity from arrest with a scented smile. He is now criticizing the local media for unearthing all his corrupt deals.

For the record, local media exposed Sharpe in the following cases:

Deed of Settlement

This was issued with the grace of Local Government Minister, July Moyo to protect Sharpe from arrest. Today The company, Fairclot Investments, trading as Trucking and Construction Pvt Ltd (T&C), is demanding the nullification of a deed of settlement between Harare City Council, the Local Government ministry and Augur Investments that saw the transfer of 273 hectares of land in the leafy suburb of Pomona to a company known as Doorex Properties.

Minister of Local Government, July Moyo

Airport Road Saga

The media has been proactive in unearthing issues around the  controversial Harare Airport Road construction project. Sharpe received tracks of land as payment for the construction that failed to materialize.  Through the deal Ken Sharpe’s Augur Investments allegedly moved to transfer and hide vast tracts of land under several shelf companies to avoid litigation.

Sharpe blocked from selling land in Pomona

Kenneth Raydon Sharpe, Controversial Businessman

The matter came to light after a company contracted by Sharpe’s Augur Investments to construct the road linking the Robert Gabriel Mugabe International Airport with Harare’s central business district approached the High Court over non-payment for its role in the project.

T&C says in court papers that it has unearthed other vast tracts of land that were transferred to a string of shelf companies owned by Sharpe’s Augur Investments.

Augur was controversially awarded the contract on May 30, 2008, without going to tender.

The company was supposed to construct the Harare Airport Road with an understanding that 90% of the costs would be paid in the form of land and 10% in cash.

Title Deeds of the Disputed Land in Pomona

The title deeds for the land, Stand 654, Pomona Township made up of state land identified as part of the deal were   to be kept by a private law firm – Coghlan, Welsh and Guest until council approved the road project.

Augur went on to subcontract Fairclot, which withdrew all its equipment and stopped work on the road after only doing 2.7km of the 10km due to non-payment.

They renegotiated the deal and Augur gave Fairclot the Pomona stand, which it had obtained from Harare City Council as security.

The title deed of the land was kept as surety  by Coghlan, Welsh and Guest for work done by T&C.

T&C says the land was transferred to Doorex Properties, a shelf company owned by Augur Investments despite the fact that the law firm is still holding the title deeds up to today. Coghlan, Welsh and Guest refused to hand over the title deeds for the land as they are holding it in trust for T&C.

Fairclot, which is represented by Mutumbwa Mugabe Legal practitioners, was owed US$4,8 million from which US$3,250 500 was payable in cash and US$1 459 500 was to be paid in form of land or equivalent cash value.

Despite an arbitration award, Augur has not paid its dues to Fairclot, the firm argues in court papers.

Augur claims it has settled the outstanding amount in RTGS after the enactment of SI33/2019 in February 2019, a claim denied by Fairclot.

The matter has been dragging in the courts and Fairclot, in an application to have Sharpe’s properties declared executable, disclosed that the businessman took land from council and hid it under various shell companies so that the land cannot be taken away by debtors.

Bill board placed notifying that land in Pomona is subject to litigation

Fairclot described Augur as a peregrine company registered in Mauritius with no assets to its name in Zimbabwe after transferring all landyou controversially obtained from the Harare City Council into several shelf companies.

Since Augur has no assets, Fairclot said it was difficult for the company to recover what it is owed and, therefore, wants the court to declare all the shelf companies linked to Sharpe executable.

Fairclot identified 13 shelf companies, listed as third to 16th respondents that it claimed Sharpe used to hide the land.

Augur, Fairclot added, has a propensity of not paying debts.

“Given the modus operandi of the first defendant, that it does not own assets in its own name but through subsidiary companies, a writ of execution against the first defendant will elicit a nula bona return,” Fairclot said.

“The properties that first defendants have earned through its business are hidden in the names of its subsidiaries.

“For the construction of the Airport Road, the first defendant was paid in land by the City of Harare.

“The various pieces of land availed to first defendant as payment for the Airport Road Project were directly transferred to and registered in the names of 3rd to 16th defendants.”

Fairclot said the immovable properties registered in the shelf companies belong to Augur.

The company gave details of the land transferred to each shelf company (shown in graphic).

“In furtherance of the asset hiding scheme masterminded by Sharpe, who was listed as the second respondent, Augur has initiated the disposal of assets and liquidation of the third (Waymark Investments) and fourth (West Properties),” Fairclot added.

“Accordingly, it is just and equitable that the properties registered under a third to 16th defendants be declared executable in satisfaction of plaintiff’s judgment debt against the first respondent.”

But Chinawa, Augur’s legal representatives, denied that the company was paragrine, but a company registered to do business in Zimbabwe.

According to court documents, Augur has no property registered under its name ever since its proprietors arrived in Zimbabwe, presenting the company as an international finance and construction company.

“The modus operandi (hiding assets) was replicated many times over with the effect that for more than 10 years that applicant has been operating in Zimbabwe, it has no movable or immovable property.