High Court stops Mabvuku housing co-op land theft

The High Court has ordered the Kuyemura Housing Pay Scheme, a Mabvuku-based housing co-operative, to immediately halt its encroachment onto land owned by Eastwind Trust, a private developer. The developer, which owns nearly 400 stands at Donnybrook Farm near Mabvuku, took the co-operative to court over the illegal invasion of its property.

Eastwind Trust, in its legal action, accused Kuyemura Housing Pay Scheme of unlawfully occupying four residential stands and a designated church site on its land. The High Court ruling, delivered by Justice Neville Wamambo, reaffirmed that Eastwind Trust is the lawful owner and occupier of the 395 stands located on Donnybrook Farm.

Court Ruling and Orders

In his judgment, Justice Wamambo stated that Kuyemura Housing Pay Scheme, along with its agents or assignees, must cease interfering with Eastwind Trust's rights to the land. The court ordered that Kuyemura Housing Pay Scheme be held in contempt if they continue their encroachment, with the Zimbabwe Republic Police instructed to arrest anyone acting under its authority.

"The applicant (Eastwind Trust) is the lawful holder and occupier of 395 stands situated at the remainder of Donnybrook Farm... and that the first respondent (Kuyemura Housing Pay Scheme), its agents, or assignees must refrain from interfering with the applicant's rights," part of the court order read.

The court also directed that Kuyemura Housing Pay Scheme must restore vacant possession of the encroached stands, specifically stand numbers 16875, 16945, 16746, and 16947, to Eastwind Trust. This decision aims to ensure that the developer's property rights are upheld.

Contempt of Court Allegations

Following the ruling, a report was filed at Ruwa Police Station against officials from Kuyemura Housing Pay Scheme on allegations of contempt of court. Investigations are currently ongoing under case number RRB6160845.

The conflict highlights the growing issue of illegal land invasions in Zimbabwe, particularly in urban areas. Last week, the City of Harare demolished houses illegally constructed on council-owned land, with reports indicating that land barons, allegedly linked to the ruling Zanu PF party, are increasingly parcelling out council land, including wetlands, to desperate home seekers.

Wider Implications of Land Invasions

The issue of illegal land occupations has been a longstanding problem in Zimbabwe, with many developers and city councils struggling to maintain control over urban land. The involvement of political figures in land invasions, particularly in high-demand residential areas, has exacerbated tensions and led to widespread public concern over land governance.

As investigations into the Kuyemura Housing Pay Scheme's actions continue, the case serves as a reminder of the importance of upholding property rights and enforcing court orders to maintain order and fairness in land distribution.