Zengeza East MP Alexio Musundire has taken the Chitungwiza Town Council to court, seeking a reversal of the municipality’s decision to sell 20 residential stands in his constituency.
The MP is arguing that due process was not followed as the stands were sold clandestinely.
In his declaration, Musundire is seeking to have the sale of stands 19750 to 19770, declared null and void.
“ 1st Defendant (Chitungwiza Town Council) failed to publish its intention of selling, exchanging, leasing, donating or otherwise disposing of or permitting the use of any land owned by it in the newspapers and posting it at its offices in terms of Section 152 (2) (of the Urban Councils Act),” said Musundire.
He said he was an interested party in the sale as the area’s representative in the House of Assembly.
“In spite of the aforegoing, 1st Defendant wrongfully, negligently and in breach of its legal duty neglected and failed to advertise the sale, exchange, lease, donation and disposition of or grant of permission of use of land in terms of the requirements of Section 152 of the Urban Councils Act. The Plaintiff alleges by reason of the 1st Defendant’s negligent breach of duty, the residents of Chitungwiza were prejudiced,” said Musundire.
He added: “The 1st Defendant failed to cause a copy of the proposal to be opened for inspection during office hours at its offices for a period of 21 days from the date of last publication of the notices in the newspaper as provided for by Section 152 (2)(b).”
Also cited as defendant is Local Government, Rural and Urban Development minister Ignatius Chombo.