BY DESMOND CHINGARANDE Harare property developer Michael Van Blerk on Friday said the perjury charge levelled against him was meant to embarrass him.
Van Blerk, who is director of Pokugara Properties (Pvt) Ltd made the remarks when he appeared before magistrate Ngoni Nduna charged with filing a false statement in a High Court case HC 8948/18 and lying in a sworn affidavit that a show house constructed by land developer George Katsimberis, was built without approved building plans from the City of Harare.
In denying the offence, Van Blerk said the perjury allegations were calculated to embarrass them. He immediately applied for exception to the charge.
“In case the State papers provided by the prosecution show that the complainant in HC 8943/18 never contested or disputed any averment that was made by Van Blerk,” he submitted.
“The prosecution cannot sustain allegations of perjury where the averments contained in the affidavit in question were admitted by the complainant.”
Van Blerk submitted that the prosecution did not reveal a cognisable offence at law, and that the complainant legally admitted the averments as contained in the High Court affidavit under case HC 8943/18.
“Perjury cannot actuate from an affidavit whose averments were admitted by the complainant as having been true in the proceedings wherein such affidavit was lodged. The charge is therefore incompetent and embarrassing. It must be quashed.” they submitted.
The matter was postponed to January 31 for ruling on his application for exception.
