News / National
1000 families given 48-hour to vacate residential stands in Harare
19 Jan 2012 at 23:06hrs | Views
THE High Court has given over 1000 families a 48-hour ultimatum to vacate residential stands they bought from politician Mr Justine Zvandasara's co-operatives in Hatcliffe, Harare, to pave way for the legitimate occupant Nyasha Chikwinya.
Justice Chinembiri Bhunu ruled that Mr Zvandasara, chairman of Harare North Housing Co-operatives Union, was illegally occupying the 84-hectare land.
The land was duly allocated to Zanu-PF Central Committee member Chikwinya.
The ultimatum expires today.
The ruling is likely to trigger lawsuits as those who acquired stands through the Zvandasara-led union claim refunds.
Failure to vacate within the stipulated period will see police and the deputy sheriff effecting evictions.
"It is ordered that the first and second respondents (Mr Zvandasara and Harare North Housing Co-operatives Union), all those claiming occupation through them are hereby ordered to vacate occupation of any stand situated at Hatcliffe North State Land depicted on Plan Number HOE27 within 48 hours of service.
"Upon failing (to vacate), the Deputy Sheriff Harare being assisted by the Zimbabwe Republic Police are hereby authorised to evict them.
"First and second respondents and all those claiming through them, are hereby interdicted from interfering with the applicant's peaceful occupation and development of a certain piece of land measuring 84,027 hectares of Hatcliffe State Land . . ."
The court also interdicted Mr Zvandasara and the union from selling, allocating, developing or interfering with development work by Chikwinya.
Justice Bhunu said occupants of that land erected structures well knowing that they had not been allocated the land.
"The mere fact that the respondents have since unlawfully erected structures on someone's land without her consent cannot sanitise or legalise their unlawful authority.
"The respondent clearly erected those structures at their own risk knowing fully well that their conduct was unlawful."
Some time back, Chikwinya was allocated the land under the lawful authority of the Ministry of Local Government, Rural and Urban Development.
She was given the land as compensation for land she lost at the behest of the ministry.
Chikwinya was subsequently issued with a sub-divisional permit in terms of the Regional Town and Country Planning Act (Cap 29:12).
On August 6 last year, Chikwinya discovered that Mr Zvandasara and others invaded the land and sub-divided stands they allocated to some co-operative members.
The Government, being the owner of the land, sent a representative who gave evidence in court in favour of Chikwinya.
An official from the Government, Mr Shawatu said: "The position is that, going through our files, we have not seen anything relating to the allocation of this land to Harare North Housing Co-operative. I actually signed the MOU agreement between the ministry and Ms Chikwinya.
"I do not know who authorised their (Harare North Housing Co-operatives Union) occupation of the land. We allocate land when someone has applied for it.
"The land was legally allocated to Ms Chikwinya," he said.
Mr Zvandasara had allocated land to over 1 000 people who had since started building.
The judgment was handed down on Wednesday morning in the motion court session at the High Court.
Justice Chinembiri Bhunu ruled that Mr Zvandasara, chairman of Harare North Housing Co-operatives Union, was illegally occupying the 84-hectare land.
The land was duly allocated to Zanu-PF Central Committee member Chikwinya.
The ultimatum expires today.
The ruling is likely to trigger lawsuits as those who acquired stands through the Zvandasara-led union claim refunds.
Failure to vacate within the stipulated period will see police and the deputy sheriff effecting evictions.
"It is ordered that the first and second respondents (Mr Zvandasara and Harare North Housing Co-operatives Union), all those claiming occupation through them are hereby ordered to vacate occupation of any stand situated at Hatcliffe North State Land depicted on Plan Number HOE27 within 48 hours of service.
"Upon failing (to vacate), the Deputy Sheriff Harare being assisted by the Zimbabwe Republic Police are hereby authorised to evict them.
"First and second respondents and all those claiming through them, are hereby interdicted from interfering with the applicant's peaceful occupation and development of a certain piece of land measuring 84,027 hectares of Hatcliffe State Land . . ."
The court also interdicted Mr Zvandasara and the union from selling, allocating, developing or interfering with development work by Chikwinya.
Justice Bhunu said occupants of that land erected structures well knowing that they had not been allocated the land.
"The mere fact that the respondents have since unlawfully erected structures on someone's land without her consent cannot sanitise or legalise their unlawful authority.
"The respondent clearly erected those structures at their own risk knowing fully well that their conduct was unlawful."
Some time back, Chikwinya was allocated the land under the lawful authority of the Ministry of Local Government, Rural and Urban Development.
She was given the land as compensation for land she lost at the behest of the ministry.
Chikwinya was subsequently issued with a sub-divisional permit in terms of the Regional Town and Country Planning Act (Cap 29:12).
On August 6 last year, Chikwinya discovered that Mr Zvandasara and others invaded the land and sub-divided stands they allocated to some co-operative members.
The Government, being the owner of the land, sent a representative who gave evidence in court in favour of Chikwinya.
An official from the Government, Mr Shawatu said: "The position is that, going through our files, we have not seen anything relating to the allocation of this land to Harare North Housing Co-operative. I actually signed the MOU agreement between the ministry and Ms Chikwinya.
"I do not know who authorised their (Harare North Housing Co-operatives Union) occupation of the land. We allocate land when someone has applied for it.
"The land was legally allocated to Ms Chikwinya," he said.
Mr Zvandasara had allocated land to over 1 000 people who had since started building.
The judgment was handed down on Wednesday morning in the motion court session at the High Court.
Source - TH
