854 families fight Msasa Park eviction ruling

About 854 families facing eviction from a 280-hectare property in Harare have filed an appeal against a High Court judgment that dismissed their attempt to claim ownership of the land, which they argue was donated to Zanu PF more than a decade ago. The appeal, lodged in the Supreme Court after a July 2024 ruling by Justice Emilia Muchawa, has temporarily halted evictions from the estate, which spans parts of Msasa Park and Chadcombe, according to court documents seen by the Zimbabwe Independent.

In judgment HH 286-24, delivered on July 10, Justice Muchawa ruled that the settlers had no lawful basis to assert ownership of Stand 560 Chadcombe Township, which the court confirmed belongs to Msasa Park (Pvt) Ltd. The company's lawyers said the residents were granted condonation to file their appeal late, after evictions had already begun. With the condonation approved, the appeal now suspends any further eviction efforts until the Supreme Court hears the matter.

The residents, represented by lawyer Talent Madzvamuse, maintain that Msasa Park (Pvt) Ltd donated the land in 2012 to Zanu PF's Mukuvisi Tashinga District through one Charles Mike, whom they alleged was a director of the company. They sought a declaratory order compelling the company to recognise them as beneficiaries and transfer the stands to them at subdivision and transfer cost only. However, Msasa Park denied ever donating the entire property, insisting it only gave Zanu PF Harare Province a single stand for use as a district office. Court records also describe Mike as a former employee, not a director.

Justice Muchawa found that the applicants lacked legal standing because their claim was based on an alleged donation to a Zanu PF structure that was not cited in the proceedings. She noted that the families were in unlawful occupation, pointing to eviction orders issued as far back as 2013. The judge also ruled that the claim had prescribed, as it concerned events that occurred in 2012 and should have been brought within three years under the Prescription Act.

The ruling further highlighted several unresolved factual disputes - including whether Msasa Park legally existed at the time of the alleged donation, whether Mike had authority to act for the company, and whether the 854 families could identify specific stands - making the matter unsuitable for resolution through affidavits. The application was dismissed outright instead of being referred to trial.

Msasa Park previously secured eviction orders against some housing co-operatives in 2013 but chose not to enforce them for humanitarian reasons. In 2019, the company began efforts to regularise the settlement and obtained a subdivision permit in December 2023, later amended in 2024. It says it reached an agreement with stakeholders, including Zanu PF Harare Province, to offer the land at a subsidised US$15 per square metre, far below the market rate of US$45 to US$60.

Evictions resumed two weeks ago but were suspended when the settlers filed their urgent application and sought condonation to appeal. The fresh appeal must now be decided before any further eviction action can continue.