Mutumbuka’s landmark case exposes the deep roots of property fraud in Zimbabwe

Dzingai Mutumbuka and Mnangagwa
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The problem of title deed fraud is not new to Zimbabwe, but recent cases have brought this pervasive issue into sharp focus.

by Tendai Ruben Mbofana

One of the most troubling and high-profile incidents has been the case of Dr. Dzingai Mutumbuka, Zimbabwe’s first black education minister.

His fight to reclaim his $600,000 home in Chisipite, Harare, from fraudsters who connived with officials in the deeds office has sparked a broader conversation about the deep-seated corruption in both Zimbabwe’s deeds office and its judiciary.

This case exposes the alarming scale of property fraud in Zimbabwe, where crooks, aided by insiders, are increasingly stealing homes from unsuspecting property owners.

In a world where property ownership is one of the most significant forms of financial security, the situation in Zimbabwe paints a bleak picture of the country’s ability to protect its citizens’ rights.

As the Mutumbuka case illustrates, the road to justice for victims of property fraud is far from straightforward.

The Mutumbuka Case: How Title Deed Fraud Worked

Dr. Dzingai Mutumbuka’s case is not just an isolated example; it represents a dangerous pattern of criminality that has infiltrated the country’s deeds office – a place where citizens should feel safe and confident that their property records are secure.

In this particular case, the fraudsters were led by one Jonah Ngome, who, with the assistance of accomplices, forged a fake title deed for Mutumbuka’s house.

This fraudulent deed was then used to sell the property to Demetria Zirenga and her husband Harrison Marange for a shockingly low price of $45,000 – a fraction of its true value.

The true owner, Dr. Mutumbuka, was left powerless as the house was effectively stolen from him, while the fraudulent buyers, Zirenga and Marange, became complicit in the scheme.

What makes the case even more troubling is the role played by certain officials within the deeds office.

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It was revealed that one of the key insiders facilitating this fraud was Lynna Mlambo, a supervisor at the deeds office and reportedly the girlfriend of one of the fraudsters, Tatenda ‘Shaft’ Wakatama.

Mlambo and other accomplices managed to steal the original title deeds to Mutumbuka’s house from the deeds office, forge the necessary documentation, and sell the house to Zirenga and Marange.

While it’s clear that Ngome and his associates were the masterminds of this fraudulent scheme, one must ask: how was this fraud allowed to happen?

How could documents as crucial as title deeds be tampered with so easily?

And why was there such a blatant lack of oversight from those tasked with safeguarding property ownership in Zimbabwe?

A Disturbing Trend: The Collusion Between Crooks and Deeds Office Insiders

The Mutumbuka case points to a worrying trend in Zimbabwe where fraudsters are increasingly able to steal properties with the help of corrupt insiders within the deeds office.

The ease with which title deeds are being forged and manipulated suggests a system that has become riddled with corruption, incompetence, and gross negligence.

This trend has led to widespread fear among homeowners, many of whom may not even know that their properties are at risk.

The question arises: how many Zimbabweans are out there, unaware that their homes are no longer in their names?

How many unsuspecting property owners have had their homes stolen, with no knowledge that their title deeds have been forged or altered?

The deeds office, which should serve as a trusted institution that maintains accurate and reliable property records, has become a fertile ground for fraudsters.

The public trust in this office has eroded significantly, and it is no longer enough to simply reform individual cases; there must be a systemic overhaul to ensure that such fraud does not continue to proliferate.

The Buyers: Were Zirenga and Marange Willing Participants?

One of the most perplexing aspects of this case is the role played by the buyers, Demetria Zirenga and her husband Harrison Marange.

While it may be tempting to place the blame solely on the fraudsters who orchestrated the scheme, it’s important to interrogate the role of the buyers.

Why would they purchase a property with such clear red flags?

For one, the price of $45,000 for a house in the affluent Chisipite suburb of Harare should have raised immediate suspicions.

The market value of such a property is clearly much higher, and any reasonable buyer would have questioned why the property was being sold at such an unusually low price.

This should have set off alarm bells, but Zirenga and Marange seemed to have ignored this glaring discrepancy.

Furthermore, the title deed they were provided with had no date, no mortgage records, and no official stamp—basic requirements for any legitimate title deed.

These irregularities should have been an immediate cause for concern.

The fact that Zirenga and Marange proceeded with the purchase anyway, despite these glaring signs of fraud, suggests that they were either complicit in the scheme or, at the very least, willfully blind to the fraudulent nature of the transaction.

By engaging in this deal, Zirenga and Marange were not innocent bystanders – they were willing participants in a grand scheme of property theft.

As such, they too should be held accountable for their role in the crime.

While it’s important to recognize that they may have been deceived by the fraudsters, they still made the decision to proceed with a transaction that clearly raised red flags.

At the very least, they should have done more due diligence before purchasing such a valuable asset.

The Role of the Judiciary: How Could a Judge Grant an Eviction Order Based on a Fake Title Deed?

One of the most disturbing elements of the Mutumbuka case is the involvement of the judiciary.

In September 2023, Dr. Mutumbuka was evicted from his home after Justice Webster Nicholas Chinamora of the High Court ruled in favor of the fraudsters, granting them the right to evict him based on the fraudulent title deed.

This ruling is all the more shocking given that the title deed in question was clearly fake, lacking basic features such as a date, mortgage records, and an official stamp.

How could a High Court judge find such a document to be valid, let alone grant an eviction order based on it?

The fact that such a ruling was made, despite the obvious flaws in the title deed, raises serious questions about the integrity of the judiciary in Zimbabwe.

Could this have been a case of judicial corruption?

Was Justice Chinamora influenced by external forces, or was it simply a case of incompetence?

Regardless of the explanation, the ruling was a grave miscarriage of justice, and it’s hard to ignore the possibility that the judiciary, like the deeds office, has been infiltrated by corruption and dishonesty.

To make matters worse, Justice Chinamora resigned from the bench shortly after the ruling, amid investigations into several allegations of misconduct against him.

This resignation, while a step in the right direction, does little to address the broader issue of corruption within the judicial system.

If judges are willing to side with criminals, where can ordinary Zimbabweans turn for justice?

Thankfully, there was a glimmer of hope when High Court Judge Justice Priscilla Munangati-Manongwa reversed Chinamora’s decision and declared the title deed to be fake, fraudulent, and invalid.

She ordered Zirenga and Marange to vacate the property within 15 days and instructed the deeds office to expunge the fraudulent title deed from its records.

This landmark ruling offers some hope that, despite the challenges, justice can still prevail in Zimbabwe.

However, this case highlights the need for significant reforms within both the deeds office and the judiciary to ensure that such miscarriages of justice do not continue.

Corruption in the Deeds Office: A Systemic Problem

Dr. Mutumbuka’s case has laid bare the magnitude of corruption in Zimbabwe’s deeds office.

The fact that insiders were able to steal, forge, and sell properties with apparent impunity highlights just how deeply entrenched corruption is within the system.

This is not just a problem of a few bad apples; it is a systemic issue that requires urgent attention and reform.

How many other people are out there, unaware that their homes have been sold out from under them?

How many more victims of property fraud are there, who have not yet realized that they are being swindled?

These are questions that Zimbabwe’s authorities must answer if they are to restore trust in the deeds office and protect homeowners from such fraud.

The Path Forward: Restoring Integrity in the Deeds Office

To prevent future occurrences of title deed fraud, a complete overhaul of the deeds office is essential.

For too long, this institution has operated with little oversight or accountability, and as a result, it has become a hotbed for fraudulent activities.

The government must prioritize a transparent and rigorous auditing process, which includes regular checks and balances to ensure the integrity of property records.

This includes investing in digital systems for better tracking and verification of property documents to reduce human error and manipulation.

Moreover, employees within the deeds office must undergo thorough vetting, and those found to be complicit in fraudulent activities must be prosecuted to the fullest extent of the law.

We must also consider the introduction of stronger whistleblowing mechanisms that would allow employees to report misconduct safely, without fear of retaliation.

In parallel, the government must explore new technologies and reforms to secure title deeds, such as blockchain-based systems that would provide an immutable and transparent record of property ownership.

This would make it significantly more difficult for fraudsters to forge or alter documents, offering a level of security that is currently lacking.

Strengthening the Justice System: Ensuring Accountability for Judges and Lawyers

While the deeds office requires reform, so too does Zimbabwe’s judicial system.

The shocking ruling by Justice Chinamora, in which he granted an eviction order based on a clearly fraudulent title deed, exposes deep flaws within the judiciary.

Judges must be held accountable for their rulings, and there must be robust mechanisms to investigate and address cases of judicial misconduct.

The resignation of Justice Chinamora is a positive step, but it is not enough.

The government must establish an permanent independent body to oversee the conduct of judges and ensure that they adhere to the highest standards of professionalism and impartiality.

If judges are complicit in upholding fraudulent activities, then public trust in the judiciary will continue to erode, making it difficult for victims of fraud to have faith in the legal system.

Additionally, lawyers who facilitate property fraud or knowingly assist in such schemes should face disbarment and criminal prosecution.

The legal profession has an essential role to play in ensuring justice, and those who corruptly exploit their position must be removed from the profession.

Public Awareness: Empowering Homeowners to Protect Their Property Rights

Another critical step in combating title deed fraud is increasing public awareness about the risks associated with property ownership.

Many Zimbabweans remain unaware of the dangers posed by fraudulent activities within the deeds office.

It is essential that homeowners are educated on how to safeguard their property rights and how to identify potential fraud.

Homeowners should be encouraged to regularly check the status of their properties with the deeds office, especially in cases where they are not living in the property or have not had any dealings with it for a while.

Regularly checking official records can help identify any discrepancies early, before a fraudster is able to complete a sale.

Additionally, when purchasing property, buyers must be vigilant.

They should demand full documentation and verify the authenticity of the title deed before proceeding with any transaction.

This includes ensuring that the deed is properly stamped, dated, and contains accurate mortgage records.

If the deal seems too good to be true, it probably is.

Buyers must also be skeptical of properties offered at prices that are significantly below market value, as this could be an indication of fraudulent activity.

In my conversation with Dr. Mutumbuka yesterday, I was so pleased to learn that he had already assisted some families who had gone through a similar predicament as his.

The need for Broader Institutional Reform

Beyond just the deeds office and judiciary, Zimbabwe must consider broader institutional reforms to address corruption and inefficiency in public offices.

Corruption in the public sector remains a significant problem in Zimbabwe, and the fact that fraudsters can collude with officials in government offices speaks to a deeper issue of systemic corruption.

Effective anti-corruption initiatives, coupled with stronger enforcement of the law, will be critical in rooting out fraud and restoring public trust in institutions.

It Is also important for the government to take a proactive approach to tackle property rights more broadly.

This involves improving the efficiency of property administration systems, ensuring that these are executed fairly and transparently, and providing better protection for homeowners, particularly in areas where property theft is rampant.

Conclusion: The Path to Justice and Accountability

Dr. Mutumbuka’s fight to regain his property and the eventual victory in the courts is a hard-earned but significant triumph.

However, the deeper issues that the case exposes must not be overlooked.

It is clear that the problems of title deed fraud, corruption in the deeds office, and questionable judicial decisions are not isolated but are symptomatic of a larger, systemic problem in Zimbabwe’s governance.

While we must commend the courage and integrity of judges like Justice Priscilla Munangati-Manongwa, who rectified the injustice, there is still much work to be done to ensure that such cases are not repeated.

Justice must not be the exception; it must be the norm.

The judicial system must be held to account, and those who fail to uphold the law, including judges who side with fraudsters, must face consequences for their actions.

The Mutumbuka case should serve as a call to action for Zimbabwe’s leaders to address these issues urgently and comprehensively.

As Zimbabweans, we must demand greater accountability from both public servants and the judiciary, as well as transparency in property transactions.

We must advocate for stronger protections for homeowners and support reforms that will modernize and secure property records in the country.

While Mutumbuka’s house was eventually returned to him, countless other Zimbabweans are at risk of losing their homes in similar fraudulent schemes.

The government must act swiftly to restore public confidence in the deeds office and the judiciary, ensuring that the rule of law is upheld, and property rights are protected for all citizens.

The path forward requires bold reforms, systemic accountability, and an unwavering commitment to justice for all Zimbabweans.

Only through such actions can we hope to curb the tide of title deed fraud and rebuild a more secure and trustworthy property system in Zimbabwe.

● Tendai Ruben Mbofana is a social justice advocate and writer. Please feel free to WhatsApp or Call: +263715667700 | +263782283975, or email: mbofana.tendairuben73@gmail.com, or visit website: https://mbofanatendairuben.news.blog/