News / National
Government compulsorily acquire Chiyangwa's land
21 Nov 2011 at 04:23hrs | Views
THE compulsory acquisition for low-cost housing of 780 hectares in Harare owned through two companies by Mr Phillip Chiyangwa has been confirmed by the Administrative Court, allowing co-operatives already allocated land to continue their developments.
Pinnacle Holdings and Jetmaster Properties, both owned by Mr Chiyangwa, had contested the compulsory acquisition by the Government after they bought the land from its previous owners, and had gone as far as issuing eviction notices to the co-operatives and mounting advertising campaigns to discourage others from joining the co-operatives.
But last week they lost the legal battle.
Administrative Court senior president Herbert Mandeya's ruling saves 500 families, members of Chimurenga Pungwe Housing Co-operative, who were facing eviction from Nyarungu Farm by Jetmaster.
The co-operative was allocated part of the land by the Government for residential stands.
They had been served with eviction notices, but the eviction was stayed pending the outcome of the State's application for compulsory acquisition.
The State has the power to acquire urban land by compulsion for public benefit, with the price set by what the land was being used for before the compulsory purchase; so a farm would be valued as a farm and a block of buildings needed for roadworks as buildings.
The ruling declared the properties as State land and those co-operatives that had been allocated the land by Government for housing will now continue with developments.
Mr Nelson Mutsonziwa from the Attorney-General's Office appeared for the Ministry of Lands and Rural Development while Advocate Lewis Uriri represented the two companies.
Court President Mandeya ruled that Government had convinced the court that the acquisition was to benefit the people who were struggling to own stands or houses.
The court said the acquisition was for purposes beneficial to the public while the two companies had the intention of making some profit.
During the court hearing the two firms opposed acquisition on the basis that they had bought the properties and that they were also capable of using the land for providing shelter to the citizens.
Government conceded that Pinnacle and Jetmaster were capable of building houses on those pieces of land but argued that the companies will not cater for the low-income earning citizens because they were profit oriented.
Government further argued that its acquisition was not motivated by commercial gain but ensuring that urban dwellers were accommodated in decent housing.
Chimurenga Pungwe Housing Co-operative chairperson Mrs Concillia Dzitiro welcomed the court ruling saying it had a bearing on their case.
An attempt by Jetmaster to evict the families in June this year failed after the lawyers resolved to wait for the Administrative Court's ruling.
In the same month, the families demonstrated against the eviction and barricaded roads leading to the settlement and Nyarungu Farm.
The members vowed not to surrender the land to Jetmaster.
Pinnacle Holdings and Jetmaster Properties, both owned by Mr Chiyangwa, had contested the compulsory acquisition by the Government after they bought the land from its previous owners, and had gone as far as issuing eviction notices to the co-operatives and mounting advertising campaigns to discourage others from joining the co-operatives.
But last week they lost the legal battle.
Administrative Court senior president Herbert Mandeya's ruling saves 500 families, members of Chimurenga Pungwe Housing Co-operative, who were facing eviction from Nyarungu Farm by Jetmaster.
The co-operative was allocated part of the land by the Government for residential stands.
They had been served with eviction notices, but the eviction was stayed pending the outcome of the State's application for compulsory acquisition.
The State has the power to acquire urban land by compulsion for public benefit, with the price set by what the land was being used for before the compulsory purchase; so a farm would be valued as a farm and a block of buildings needed for roadworks as buildings.
The ruling declared the properties as State land and those co-operatives that had been allocated the land by Government for housing will now continue with developments.
Mr Nelson Mutsonziwa from the Attorney-General's Office appeared for the Ministry of Lands and Rural Development while Advocate Lewis Uriri represented the two companies.
Court President Mandeya ruled that Government had convinced the court that the acquisition was to benefit the people who were struggling to own stands or houses.
The court said the acquisition was for purposes beneficial to the public while the two companies had the intention of making some profit.
During the court hearing the two firms opposed acquisition on the basis that they had bought the properties and that they were also capable of using the land for providing shelter to the citizens.
Government conceded that Pinnacle and Jetmaster were capable of building houses on those pieces of land but argued that the companies will not cater for the low-income earning citizens because they were profit oriented.
Government further argued that its acquisition was not motivated by commercial gain but ensuring that urban dwellers were accommodated in decent housing.
Chimurenga Pungwe Housing Co-operative chairperson Mrs Concillia Dzitiro welcomed the court ruling saying it had a bearing on their case.
An attempt by Jetmaster to evict the families in June this year failed after the lawyers resolved to wait for the Administrative Court's ruling.
In the same month, the families demonstrated against the eviction and barricaded roads leading to the settlement and Nyarungu Farm.
The members vowed not to surrender the land to Jetmaster.
Source - TH
