Court stops Chitungwiza demolitions

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Chengeto Mbiragai holds her granddaughter Natalie Mhlanga as she stands in front of her property which was thrown out by Chitungwiza South MP Christopher Chigumba.

CHITUNGWIZA magistrate Nomsa Sabarauta last Friday issued a provisional court order barring the local authority and Glory to Glory Housing Co-operative from proceeding with the planned demolition of houses deemed as unsafe and built at undesignated sites.

PHILLIP CHIDAVAENZI

The order, which came following an interdict application filed by Chitungwiza Residents’ Trust (Chitrest) on behalf of the targeted residents, gave Chitungwiza Municipality until February 27 to respond, failure of which the court would issue a final order.

The residents approached the court under case number 106/14 seeking an interdict order against the planned demolitions after the local authority snubbed them.

Chitrest lawyer Marufu Mandevere of the Zimbabwe Lawyers for Human Rights, who served the order to Chitungwiza Municipality on Saturday morning, confirmed the development yesterday.

“Indeed, we obtained an interim relief to the effect that the demolitions should be stopped,” Mandevere said. “The demolitions are illegal because they have not been authorised through a court order.”

He said such demolitions could only be carried out through a court order as provided for in Section 74 of the Constitution, so Chitungwiza Municipality should secure a court order to that effect.

The residents resorted to the court action after Chitungwiza municipality started demolitions in the town a fortnight ago during which two houses allegedly built on an illegally acquired piece of land were pulled down by the local municipality. Over 50 houses had been earmarked for the exercise.

Before taking the legal route, Chitrest members had engaged the town authorities seeking to stop the demolitions, but their pleas were ignored.

Residents then petitioned council against the demolitions on January 27 and gave them a seven–day ultimatum which they ignored, forcing Chitrest to resort to court action.

Initially, the government had planned to demolish 14 000 houses in Chitungwiza, but Local Government deputy minister Joel Biggie Matiza, who led a probe team into Chitungwiza’s illegal allocation of land to desperate home seekers, last week said the matter was now being handled by the local authority.

The municipality recently gave an order to residents who were allocated illegal residential stands to vacate the area.

Meanwhile, Chitungwiza Progressive Residents’ Association (CHIPRA) has accused Local Government minister Ignatius Chombo of being responsible for the mess in the town where he presided over the municipality through a commission led by Fungai Mbetsa.

“Government should stop forthwith this envisaged action. Chitungwiza Municipality should bear the brunt for allocating stands on illegal spaces by providing new stands serviced and build reasonable houses as espoused,” said CHIPRA in a recent statement.

18 COMMENTS

  1. Is it the court which gave instructions to have this illegal structures in the first place? Pwanyayi to tangwena itwo, ivo vapwanyirwa vozoenda ku court vachiti ka illegal structure kangu kakapwanywa, kwete kutitambisira nguva yedu.

    • that is very foolish of you to say that…. it shows you dont have an understanding of the functions of the court and its role especially in the community. The Chitrest did exactly what was needed to seek an interdict inorder to stop these illeal demolitions. You speak about kutambisirwa nguva yako what about those pple hu had actually built houses in this economy and all of a sudden the house is demolished. Dont be selfish if you dont have anything constructive to say i suggest you kip yo mouth shut.

      • itai steady chese chinoitwa nemucivilian hanzi its illegail but zvese zvinoitwa necvane hapana anobvunza. unoda kuti vanhu vagare kupi kuchinaya. people have a right to shelter.

      • Concerned, you are an idiot, you must be a homeless squatter who wants to disturb those
        who have the own legal decent accommodation. Unovakira pamusoro pe sewage pipe kuti zvizodini, pakati peroad kuti zvizidini, ngatupwanywe tutangwena itwo, period.

        • reason uno lacker reasoning. do you kno here kuti all these houses which are about to be destroyed they have ma leese and deeds ku council. people were paying rates zesa ikatoiswa saka zvauri kutaura zvekuti “disturb those
          who have the own legal decent accommodation” its nonsense like i said unenge usingagare in zim.

    • “Pwanyayi to tangwena itwo”. uri selfish and i dont think you leave in zim koz ma den akavakwa parikunzi illegal dziri of standard quality m sure one ino coaster around 20gees and unoti ka tangwena uiite mushe. kotori nedzine ma electric gates ne ma boreholes ane ma tank iwe uchi bloater uri kunze kwe nyika. commenter zvinhu zvaunoziva zvawakaona. in life usashore, kuseka or criticize usinga a developmental solution. coconut

    • Your comments are a pity no self respecting human being can be comfortable with this scenario vamwe vachi pwanyidzirwa pekugara without alternative. Chaunga gona kuita that bag of hot air keep it shut you mechanical farter

    • my buddy’s mother-in-law makes $82 /hr on the laptop . She has been fired for ten months but last month her check was $20465 just working on the laptop for a few hours. read here……www.Jobs84.com

  2. Komaland barrons acho sei asingasungwe. How come most of them are Zanu pf consellors selling land in a munipality that is under mdc t. Havana mhosva vakatengeserwa mastands vakuru vechitungwiza vakadya mari kusanganisira minister chombo neveMdc t ne veZanupf all corrupt pple

    • Your comments are a pity no self respecting human being can be comfortable with this scenario vamwe vachi pwanyidzirwa pekugara without alternative. Chaunga gona kuita that bag of hot air keep it shut you mechanical farter

    • Some of them vakamira pamatare edzimhosva wani. Asi waive wano hodha zedi ne broncho here sezvo usina kuzvibata?

  3. no to demolitions,re-allocate pple else way,then plan afresh & put in place tight controls from now onwards

  4. Let the corruption come to a stop. If you do a thorough audit of all these houses, you will be surprised to find out that the looters in the parastatals are the owners the so called illegal houses.

    A genuine lodger can not build spacious houses like the ones u are seeing in these undesignated areas. Audit will reveal that the owners have other properties somewhere else and these are some of the selfish, corrupt elements of present Zimbabwe. You will find that the waiting list not reduced. AUDIT AUDIT AUDIT BEFORE DEMOLISHES AUDIT THEN GO AHEAD AND STOP THIS CULTURE. TIRED……

  5. kkkkkkk Ana reason munogara kupi muchirikutaura zvetumatangwena .Asi muri vemumikuku kuno kujoni.these pple havana kungomuka vavakuvaka dzimba pavasina kupiwa.they were allocated by someone.so if u have nothing to say shut up you local madman

  6. Land was sold to the land barons with council approval long back. Now the barrons have developed and allocated stands to innocent civilians, after spending tens of thousands building a standard house, the council comes and talk about illegal stands? Really? Why not regularise the stands that are not on sewer and under power lines and allocate new land to the affected civilians? I wonder why the minister of environment is favouring frogs than human beings

  7. An audit should be made as to who really own those houses some of us have been on the waiting list for more than 10 years and we are still waiting while these corrupt fat cats share our land with their families ko isu vana vemuchitungwiza togarawo kupi zvomongoita zvese pachizanu zanu

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