Council demolishes Reigate houses in defiance of a govt directive

UMGUZA Rural District Council has started demolishing old houses at Reigate Compound on the outskirts of Bulawayo in defiance of a Government directive not to do so.

At least 300 people risk being left in the open if the local authority continues to destroy the houses, eight of which had by yesterday been razed to the ground.

Last week, the Government ordered local authorities to stop demolition of people's houses saying the move was against Government policy.

The directive was in response to threats of demolitions in Harare and Chitungwiza where the Government said there was enough land to build alternative accommodation instead of destroying existing structures.

The Umguza demolition is despite the fact that the tenants were allocated the houses on a lease to buy agreement about 10 years ago.

The council sent correspondence to the tenants dated 17 January 2013 notifying them that they should vacate the compound and look for alternative accommodation.

"This letter serves to inform you that plans are underway to demolish Reigate Compound due to developments taking place. We advise that you seek alternative accommodation by 31 March. We urge you to save yourself the embarrassment of being humiliated," read the letter signed by the council's social services officer, Mr G Sibanda.

The compound is situated on the outskirts of Bulawayo along Airport Road.

When Chronicle visited the compound yesterday, restless occupants whose houses had been destroyed were pondering their next move with their property exposed to the elements.

"They just came here yesterday (Tuesday) and told me that they were destroying the house without an explanation.

"They started removing the roof and doors while I was inside with my mother who is blind and six children," said Ms Nkaza Ncube (51).

She added: "Eight houses have been destroyed so far. With the rains coming everyone here is living in fear of being left in the open."

Some occupants said they had stayed in the compound for many years and complained that council had sold stands in the area without notifying them.

"My husband worked for this council for 42 years and these houses were built for council workers.

"Where do they want us to go?" said Mrs Getrude Ncube (66).

Another occupant identified as Mr Ndlovu blasted:

"We want the Minister of Local Government Dr Ignatius Chombo to intervene on this issue. We have nowhere to go and council should give us alternative accommodation."

Indications are that the council wants to use the land for housing stands at the expense of the tenants who have lived at the compound for years.

Part of the land has already been sold to home seekers without the knowledge of the tenants who are understood to be on a lease to buy agreement with the local authority.

The tenants have since sought the intervention of the courts and yesterday they were granted a temporary relief after successfully applying for an interdict.

The application was made by six of the tenants on behalf of their community through the Lawyers for Human Rights and will wait to see if Umguza RDC files opposing papers within 10 days.

Bulawayo High Court judge Justice Nokuthula Moyo granted an order interdicting the local authority through its workers, agents, assignees or representatives from further destroying tenants' houses without lawful authority.

The draft order was also forwarded to the local authority yesterday afternoon meaning it had to stop demolitions immediately.

The applicants had sought an order to declare the actions of the local authority to be in breach of the Constitution of Zimbabwe, Section 74 which prohibits eviction of any tenant without a court order.

In their founding affidavits, Mr Ernest Mpofu, Ms Elina Sibanda, Ms Margaret Mkandla, Ms Beauty Mlalazi, Ms Thandiwe Dungeni and Ms Thandiwe Mlalazi, representing 75 houses, said their eviction was unlawful because they had entered into leases to buy agreement with the local authority in January 2003.

Each of the occupants was given a certificate of occupation in the form of a card and each one would pay rent for six years after which he or she takes possession of the house to become the owner, according to the application.

"I have been paying rent until the respondent stopped accepting the money in January this year. On 17 January we received letters from the council stating that it wanted to demolish the houses because it wanted to carry out developments," said Mr Mpofu, one of the applicants.

He said they were given up to 31 March this year to seek alternative accommodation, hence the application for the intervention of the court.

According to court documents, workers from Umguza RDC descended on the compound on Monday with front-end loaders and started destroying the houses.

"They just came with front-end loaders and started destroying our houses leaving families stranded with their property. People and property are now vulnerable to heat, rain and thieves," read part of the application by the tenants.