Court stalls eviction of 4 000 Harare families

THE High Court has granted an interim relief to over 4000 families from Spitzkop Farm in Zvimba who were facing eviction after a company linked to Zanu-PF youth Vevhu Resources,  was stopped from conducting the re-pegging exercise.

The Greater Spitzkop Residents Association  had sued their housing cooperative, Vevhu Resources, together with Local Government minister, July Moyo, also cited Zvimba Rural District Council (RDC), NIFS Investments  Pvt Ltd  and Vevhu Marketing Investments last year.

The applicants had approached the courts seeking to stop the proposed re-pegging stands, collection of USD$30 by Vevhu Resources and its affiliates.

High Court judge, Justice Neville Wamambo granted the residents relief ordering respondents to stop the re-pegging exercise.

"The respondents be and are hereby interdicted from carrying out activities such as re-pegging the residential stands of the applicant and its members and any other activities pursuant to the implementation of the proposed subdivision of Lot 14 of Spitzkop until the determination of this urgent chamber application is finalised.

"The 1st, 4th, 5th, 6th and 7th respondents be and are hereby interdicted from collecting any money from the applicant and its members in pursuance of the implementation of the proposed subdivision of Lot 14 of Spitzkop until the determination of the proposed subdivision of Lot 14 of Spitzkop until the determination of this urgent chamber application is finalised," said justice Wamambo.

The judge also interdicted respondents from threatening the members to sign new contracts or forms and to receive any money from them until the determination of this urgent application.

"The respondents are hereby stopped from carrying on such activities until the determination of this urgent chamber application," ruled the judge.

The association is a body and its members purchased immovable property from the respondents, excluding the minister.

The said property is located within Lot 12 and 14 of Spitzkop Farm located in Zvimba district, measuring 348.68 hectares in extent.

Vevhu and its subsidiary companies then started the process of re-pegging and readjusting the boundaries of the residential stands sold to the applicant's members.

This process commenced on  August 5 2022 and was not brought to the attention of the association.

This was likely to result in the displacement of various members as the existing stands of 200m² are being increased to 400m².

The association complained that its members would  lose out on both the land and the money they used to pay for the stands.

The Land Commission and Local Government minister July Moyo had insisted that the respondents hold no title deeds to the State land.

However, the association  argued it was Vevhu which created various companies to act as its agents to advertise and sell the land in question which, however, resulted in double allocations to applicant's members' prejudice.

The judge said it was clear the association had a direct and substantial interest in the subject and outcome of the application.

"I find that the ingredients of an interdict were established. The threat of homelessness on the face of it was established. I also note that the allegations of threats and inducements as raised by the applicant were not rebutted or impugned in any way. It is in light of potential loss to housing stands and financial prejudice where the process as carried out by first respondent and its agent are prima facie irregular," the judge said.