The conviction of <a href="https://www.newsday.co.zw/local-news/article/200020519/ex-minister-mutumbuka-loses-supreme-court-appeal">Prosper Bizwick</a> by Harare magistrate Ethel Sichera has shed light on the deep-rooted corruption within the Deeds Office, exposing how those entrusted with public service can betray their responsibilities for personal gain. You may have the title deeds in your possession and still lose your property. The case, revolves the forgery of title deeds belonging to <a href="https://www.pindula.co.zw/Dzingai_Mutumbuka/">Dr. Dzingai Mutumbuka</a> and highlights significant lapses in the legal and policing systems that facilitate such fraudulent activities.
Bizwick, 48, has been found guilty of illegally forging title deeds for Dr. Mutumbuka’s property and is poised to receive his sentence soon, following the revocation of his bail. However, what is troubling is the apparent failure of the police to apprehend several key individuals in this fraudulent scheme. Among those not arrested is Laina Mlambo, a supervisor at the Deeds Office. It is alleged that she played an integral role in this illegal operation by stealing Dr. Mutumbuka’s title deeds and handing them over to Bizwick, presenting a stark example of collusion within the very office meant to safeguard property rights.
Adding to the complexity of the case is the involvement of other individuals, including Harrison Marange, who recently passed away, reportedly purchased the property worth US$600,000 for merely US$40,000. This calls into question the transparency and ethical standards of all parties involved. As Magistrate Sichera pointed out, it remains baffling that the police failed to bring Jonah Ngome into custody, a figure involved in the property’s conveyance who ostensibly altered Dr. Mutumbuka’s title deed. Ngome went through a registered law firm, providing a clear trail for police to follow, yet, his whereabouts have not been accounted for, prompting speculation about whether he exists at all.
The implications of this case extend far beyond just one defendant. The toll on Dr. Mutumbuka, who has endured a protracted battle lasting nearly four years, illustrates the emotional and financial drain inflicted on honest property owners. The drawn-out legal proceedings have not only been taxing on his finances but have also cast a shadow of insecurity over property ownership in Zimbabwe. Property owners are now left to grapple with the reality that their hard-earned investments could be at risk due to systemic corruption within institutions tasked with safeguarding these assets.
This case underscores a pressing need for property owners in Zimbabwe to verify their ownership status regularly. With the increasing prevalence of title deed fraud, it is imperative that property owners engage in proactive measures to protect themselves from becoming victims. This includes routinely checking their property titles with the Deeds Office and remaining vigilant about any suspicious activities surrounding their properties.
The case raises critical questions about the integrity of the Deeds Office and its employees. If those in trusted office are involved in fraudulent activities, it creates a culture of mistrust and fear among property owners. The conviction of Bizwick is a small step toward accountability, yet, without addressing the underlying corruption, it is merely a drop in the ocean.
Moreover, the police’s failure to act against accomplices like Mlambo and Ngome indicates a systemic issue within law enforcement as well. It begs the question, how many more cases of fraud go unchecked due to negligence or complicity within the ranks? Magistrate Sichera’s frustrations with the police reflect a broader concern about their effectiveness in addressing property crimes, particularly those that involve organised schemes at higher levels.
I am calling for transparent investigation into the workings of the Deeds Office and the actions of those involved in title deed transactions is crucial. This includes not only punishing those who are directly involved in the fraudulent activities but also implementing measures that safeguard against future occurrences. Regular audits, better training for employees and stronger repercussions for those involved are essential steps toward restoring confidence in the system.
This is a case that should serve as a catalyst for broader reforms within Zimbabwe’s property management and legal frameworks. A comprehensive overhaul of the Deeds Office, combined with increased oversight and accountability, can significantly reduce instances of fraud and protect the rights of property owners.
The corruption evident in the Mutumbuka-Bizwick case is an example of a much larger problem within the Deeds Office and the policing of property crimes in Zimbabwe. It is time for decisive action to protect property owners and ensure the integrity of real estate transactions. Until that happens, the risk of becoming a victim of title deed fraud remains a looming threat for many Zimbabweans, especially those in diaspora. To protect one’s investment, it is essential to remain vigilant, verify ownership regularly and advocate for systemic reform aimed at eradicating such corrupt practices from the roots.
If you own a property and have been away from Zimbabwe please check that you still own your property.
This article was written by Engineer Jacob Kudzayi Mutisi

Pindula News

There was a man named Prosper Bizwick who forged title deeds and stole property belonging to Dr. Dzingai Mutumbuka in Zimbabwe. Even though he got caught, the police failed to arrest key people involved in the scheme, like Laina Mlambo and Jonah Ngome. This case shows how corruption in the Deeds Office can harm honest property owners. Property owners in Zimbabwe need to check their ownership regularly to protect themselves from fraud. The government needs to take action to stop corruption in the Deeds Office and ensure property owners are safe.

Message for all Zimbabwe’s Property Owners

Purchasing a house in Zimbabwe can be a tricky assignment. This is because it involves several steps, which may vary depending on whether you are purchasing from an individual, local authority, a company or the government. It can be stressful as well due to the rising number of property scams.
Below is a general guideline:
<h2>1. Identify the Details of the Property</h2>
Establish if the Seller has title deed for the property in their name. Also ascertain if the property has architectural drawings, engineering drawings and also check if the plans were approved by the local authority.
<h2>2. Conduct due diligence</h2>
This is to ensure that everything is above board i.e it meets the requirements for each location, pricing and conditions of payment.
<h2>3. Verify Ownership and Legal Status</h2>
Obtain a copy of the title deed. Conduct deeds search at the Deeds Registry Office to confirm ownership and check for any encumbrances (unsettled deceased estates, mortgages, disputes or caveats). For properties without title deeds, confirm with respective local authority for council land, respective government ministry. Check for double sale
<h2>4. Negotiate the Terms of the Sale</h2>
Discuss the price, payment terms and any conditions of the sale with the seller. Its advisable that one engages the services of a lawyer to facilitate negotiations.
<h2>5. Drafting of Agreement of Sale</h2>
A lawyer or estate agent should prepare a formal Agreement of Sale outlining the purchase price, payment terms and conditions. Ordinarily both parties must sign the agreed Agreement of Sale.
<h2>6. Obtain Tax Clearance Certificate</h2>
The Seller must obtain a Tax Clearance Certificate from the <a href="https://zimra.co.zw">Zimra</a> to confirm that all tax related obligations have been met.
<h2>7. Transfer of Title</h2>
The Seller’s conveyancer prepares transfer documents, which are lodged at the Deeds Registry Office. The Buyer will be required to pay stamp duty at the point of registration at the Deed Registry Office, calculated based on the property value and related procedures.
<h2>8. Handover and Finalization</h2>
After all the payments are completed and the title is transferred, the seller officially hands over possession of the property to buyer. Utility accounts (water, electricity, rates) should be updated to reflect the owner.
 
Lenon Itai Rwizi is a Registered Legal Practitioner of the Superior Courts of Zimbabwe and can be contacted on: +263 774 159 146 or +263 713 967 341 <a href="mailto:lenonrwizi@gmail.com">lenonrwizi@gmail.com</a>. The above does not constitute formal legal advice, and neither does it create any type of attorney-client relationship. Please seek legal advice from your own by contacting the writer <a href="https://www.facebook.com/profile.php?id=100057530166769">https://www.facebook.com/profile.php?id=100057530166769</a> or any attorney of your choice.

Buying a house in Zimbabwe can be hard because of scams. You need to know all the details about the property and make sure everything is legal. Check the ownership, negotiate the price, and sign an agreement. Get a Tax Clearance Certificate from Zimra. Transfer the title at the Deeds Registry Office and pay stamp duty. Once everything is done, the seller gives you the property. It's important to update utility accounts. Follow these steps to buy a property in Zimbabwe safely.

Navigating the Property Market in Zimbabwe: Steps to Consider when Acquiring a Property in Zimbabwe

The Ministry of National Housing and Social Amenities has outlined the stages involved in acquiring a house in Zimbabwe.
In a statement, the Ministry explained that the process of acquiring a house involves several steps, which may differ depending on whether the property is being purchased from an individual, local authority, company, or the government. The statement reads:
<blockquote>
STAGES OF ACQUIRING A HOUSE IN ZIMBABWE
The process of acquiring a house in Zimbabwe involves several steps, which may vary depending on whether you are purchasing from an individual, local authority, a company, or the government. Below is a general guideline:
1. Identify the Property: Establish if the seller has title deeds for the property in their name. Also ascertain if the property has architectural drawings, engineering drawings and also check if the plans were approved by the local authority. Conduct due diligence to ensure the property meets your requirements in terms of location, price, and conditions of payment.
2. Verify Ownership and Legal Status: Obtain a copy of the title deed. Conduct a title deeds search at the Deeds Registry Office to confirm ownership and check for any encumbrances (mortgages, disputes, or caveats). For properties without title deed, confirm with respective local authority for council land, respective government Ministry for Stateland.
3. Negotiate and Agree on Terms: Discuss the price, payment terms, and any conditions of the sale with the seller. Engage a lawyer or estate agent to facilitate negotiations.
4. Draft and Sign an Agreement of Sale: A lawyer or estate agent should prepare a formal Agreement of Sale outlining the price, payment method, and conditions. Both parties sign the agreement, and payment modalities are agreed.
5. Obtain Tax Clearance Certificate: The seller must obtain a Tax Clearance Certificate from the Zimbabwe Revenue Authority (ZIMRA) to confirm that all tax obligations related to the property sale have been met.
6. Transfer of Title: The seller’s conveyancer prepares transfer documents, which are lodged at the Deeds Registry Of- fice. The buyer will be required to pay stamp duty at the point of registration at the Deeds Registry office, calculated based on the property value once processed, the new title deed is issued in the buyer’s name.
7. Handover and Finalization: After all payments are completed and the title is transferred, the seller officially hands over posses- sion of the property to the buyer. Utility accounts (water, electricity, rates) should be updated to re- flect the new owner.
</blockquote>

In Zimbabwe, there are steps to follow when buying a house. First, make sure the seller has the right paperwork for the house. Check if there are any issues with the property. Then, verify the ownership by getting a copy of the title deed. Negotiate the price and payment terms with the seller. Sign an agreement of sale with the help of a lawyer. The seller needs to get a tax clearance certificate. The title of the property will be transferred to the buyer once all payments are made. Finally, the seller hands over the house to the buyer, and utility accounts need to be updated.

Stages Of Acquiring A House In Zimbabwe

By Lenon Itai Rwizi
On the 1st of December 2024, the City of Harare announced plans to demolish more than 5 000 houses built on supposedly illegal settlements. A good number of the houses that have already been demolished in Belvedere and surrounding areas are owned by Zimbabweans living in the diaspora, most of whom were convinced of the status of their properties via various virtual platforms. Whatever the justification for these demolitions, it is important for potential and future house owners to be extremely diligent before and when buying property in Zimbabwe. 
Given the high stakes and the sad recurrent loss of hard-earned savings, it is important for would be property purchasers to follow some of the reasonable steps herein provided in order to minimize loss.  
<h2>Properties Owned by Title Deed</h2>
1. Request certain documents from the purported owner – (namely certified copies of the Deed of Grant or Deed of Transfer, as well as the identification documents of the supposed owners. Its always a good practice to even request the finger prints of the purported owner. 
2. Visit the Surveyor General’s Office – it is important to get a legal description of the property. Always remember, “No diagram, no deed.” Major red flag!
3. Conduct a Deeds search at the deeds office.  See if the names and details of the prima facie owner and the named individual on the Deed tally. The deeds search will also help highlight if there are any caveats, miscellaneous agreements, encumbrances (e.g. a mortgage bond), endorsements on the property in question (such as a sale in progress), et cetera; ergo, a deeds search is always imperative.
4. Consult an expert (for example a legal practitioner specializing in property law such as <a href="https://www.facebook.com/profile.php?id=100057530166769">https://www.facebook.com/profile.php?id=100057530166769</a> ). Seek their expert opinion, and see if they are able to verify the identity documents of said owner. Speaking of an attorney, ask them to write and send in identity documents in question to the registrar general, so as to verify.
5. See if you are able to also report to the registrar general’s office and seek verification yourself.
6. If the property is part of an estate (deceased estate), make sure to request Las, (Letter of Administration from the Master of the High Court.
<h2>Properties Owned by Government or Developer Cession</h2>
1. Obtain documents proving the cession holder (these documents include the Agreement of Sale between the supposed owner and the local authority, as well as certified copy of ID).
2. If in doubt as to the authenticity of said documents, engage a legal practitioner specializing in property matters, and possibly request them to write to the Registrar General’s office, checking on authenticity of the ID documents.
3. Visit the local authority with the Agreement of Sale and check the veracity of the cession – this will assist in verifying ownership.
<h2>Property whose mode of ownership is developer cession (and one is purchasing from the property developer directly)</h2>
1. The subdivision permit ( these permits are issued by either City of Harare, City of Bulawayo or Ministry of Local Government, when the slated layout plans of the development have been approved). 
2. The development permit (issued by the aforementioned authorities’ engineers after the developers’ engineering plans have been approved).
3. Dispensation certificate (very key, as it signifies that the Surveyor General has put their imprimatur on the development and the survey that was done on it).
4. Certificate of compliance:Signifies that all the requirements of the relevant local authority have been met, and all stand owners may build.
5. View the property in question – check if it is what exactly you want.
6. Please try and only deal with property developers who have a proven track record – Make sure to engage an organized and efficient property lawyer to conduct the due diligence exercise.  
<h2>Conclusion:</h2>
In conclusion, extreme caution should be exercised when purchasing property in Zimbabwe. Members of the public are advised to follow some of the steps discussed before and when purchasing a property. Engaging professionals such as a registered legal practitioner, minimizes the risk of falling victims to the indicated fraudsters. 
Lenon Itai Rwizi is a Registered Legal Practitioner of the Superior Courts of Zimbabwe and can be contacted on: +263 774 159 146 or +263 713 967 341 <a href="mailto:lenonrwizi@gmail.com">lenonrwizi@gmail.com</a>. The above does not constitute formal legal advice, and neither does not create any type of attorney-client relationship. Please seek legal advice from your own by contacting the writer <a href="https://www.facebook.com/profile.php?id=100057530166769">https://www.facebook.com/profile.php?id=100057530166769</a> ) or any attorney of your choice.

The city of Harare plans to demolish many houses built on illegal land. People in the diaspora are losing homes. Before buying property, make sure to get all necessary documents, visit the Surveyor General’s office, and do a deeds search to check ownership. Consult experts and verify everything. For properties owned by the government or developers, get proof of cession and check with the local authority. For properties from developers, check permits and certificates. Be cautious and hire a lawyer to help avoid scams. Take steps to protect yourself before purchasing property in Zimbabwe.

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