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Council takes creche to court

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Town clerk Emanuel Musara has taken the committee which runs the 50-year-old Kwekwe Nursery School to the High Court as the battle to evict them from the council property intensifies. In High Court case number 5965/2012, Musara seeks to have the higher court confirm the cancellation of a 20-year-lease agreement signed between the Newtown community […]

Town clerk Emanuel Musara has taken the committee which runs the 50-year-old Kwekwe Nursery School to the High Court as the battle to evict them from the council property intensifies.

In High Court case number 5965/2012, Musara seeks to have the higher court confirm the cancellation of a 20-year-lease agreement signed between the Newtown community and Kwekwe City Council to run the kindergarten.

“On the 6th of February 1997 the agreement of lease was renewed for a further 20 years commencing 1 January 1997 . . . applicant (Kwekwe Council) resolved to terminate the lease agreement on May 17 2011 . . . wrote to respondent (Kwekwe Nursery)giving six month’s notice of its intention to terminate the lease agreement on December 31 2011,” reads part of Musara’s affidavit.

In the court summons served on Kwekwe Nursery School committee on June 15, Musara also seeks to have the court confirm the eviction of 50 children who were currently enrolled at the crèche with immediate effect.

“Despite the notice respondent has either refused, neglected or failed to vacate the property and give vacant occupation to applicant. In view of the foregoing, (council) has been left with no option, but to seek an order for eviction,” Musara pleaded.

The application state that council wants to disenfranchise the children in favour of unborn children by expanding a maternity wing adjacent to the school.

“ . . . reason to terminate the lease agreement was necessitated by the pressing need to expand the adjacent Al Davis Clinic to include maternity wards and delivery rooms,” wrote Musara.

Ward councillor Queenly Chitopo, who has joined the fight against council, has since dismissed Musara’s claims saying her ward did not need a new maternity wing because it had more than it needed.

“We have Kwekwe General Hospital which is less than a kilometre from the school and five more private clinics in Newtown and therefore certainly council needs to be looking to other areas like Mbizo where they walk for more than 10km to get to the nearest clinic,” she said.