During a hearing led by Justice Maphios Cheda, Mafume presented a building plan for his home, which was scrutinized by evidence leader Tapiwa Godzi.

Questions were raised regarding the authenticity of the plan, with some suggesting it might have been fabricated.

According to NewZimbabwe.com, Mafume admitted that he had not applied for a change of use from the council, a requirement when converting a property’s designation.

He argued, however, that such an application could be submitted at a later stage, once the building was completed. Mafume said:

When you want to turn it into a boarding house you then apply for the change of use. Normally people apply as they are building. You can start by building. You can use the premise for a living (if not approved).

Mafume said the facility will be used as accommodation for students from the Harare Institute of Technology (HIT) once completed.

However, Nhekairo argued that the failure to apply for a change of use was a clear violation of City Council by-laws.

He also said according to council regulations, one is required to pay application fees for plan approvals, and development fees, and obtain official approval before undertaking any project. Said Nhekairo:

It is the application that must be tendered first with council. You apply to the Department of Planning… The circulation to the district officer, the councillor to ZESA and other utility providers. All those must comment on that application. If the application is favourable then it will be presented to the committee.

If it is rejected, you cannot build. It is not proper (to build before application). It is an illegal development. If that illegal development has occurred someone is given 48 hour notice to ensure the illegality is corrected. You have to dismantle the property so that you can salvage the salvageable materials.