City of Harare, Ukraine investor agree to resolve dispute out of court

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By Mary Taruvinga

The business agreement impasse between the City of Harare and Ukraine investor, Augur Investments (Pvt) Ltd, that had seen the parties dragging each other to court over the years, has finally been resolved after the parties have resolved to settle the dispute outside court.

The parties have withdrawn all civil and criminal matters which were pending against each other before the courts.

The City of Harare is involved in several projects with Augur Investments but progress had stalled owing to several litigations against each other.

However, City of Harare’s town clerk, Engineer Hosiah Chisango recently deposed to an affidavit which was used at the Harare Magistrates Court to withdraw a criminal matter against Augur Investment’s manager Michael Van Blerk, saying the parties has entered into a deed of settlement to peacefully work together.

“The parties (City of Harare and Augur Investments) have continued to fight each other in various other matters which have come before the courts. However the parties entered into negotiations aimed at resolving the disputes between them in a conclusive and wholesome manner,” Chisango said.

“The negotiations resulted in the parties agreeing to settle their disputes on terms that the parties agreed and reduced into a deed of settlement which they both duly signed. In terms of deed of settlement, parties agreed among, other things, that they would withdraw all civil and criminal matters brought against each other.”

Chisango told court that the withdrawal of criminal matters against Blerk, was as a result of police investigations unearthed that Augur Investments manager did not commit any criminal offence.

“The police investigated the matter and arrested a representative of the company namely Michael Van Blerk. The matter was taken to court where accused was placed on remand pending trial,” he said.

“Pursuant to that agreement, the respondent (Augur) has proposed to proceed to withdraw its matters which were pending in the High Court and the Supreme Court. In turn, the complainant (City of Harare) now wishes to withdraw the matters that it had brought against the respondent including this one which was brought under CRB P14065/18.”

The town clerk further said in terms of the deed of settlement, should any dispute arise in respect of the same agreements which the parties have entered, such dispute will be dealt with in terms of the various agreements that govern their relationship.