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Epworth residents seek to bar council from demolishing houses

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Epworth residents have approached the High Court seeking to bar the Epworth Local Board from demolishing their houses which were allegedly built illegally.

Epworth residents have approached the High Court seeking to bar the Epworth Local Board from demolishing their houses which were allegedly built illegally.

BY XOLISANI NCUBE

In an urgent chamber application, eight Epworth residents want to interdict the local council and councillor Hasimoni Shadaya from evicting them from their stands or downsizing their land in order to sell it to other desperate homeseekers without following laid-down procedure.

“The respondents are unlawfully and without a court order displacing the applicants and other residents of ward 6 in Epworth,” part of the court papers filed by Ngarava, Moyo and Chikono Legal Practitioners on behalf of the residents read. The residents have cited councillor Shadaya, three Epworth Local Board employees and Local Government, Public Works and National Housing minister Saviour Kasukuwere as respondents.

The residents allege that the local board and Shadaya are bringing in people from other areas to occupy the stands they would have repossessed from them — a move which has seen some of them no longer sleeping in their homes fearing victimisation.

“On March 15, respondents visited the applicants’ homes with a group of youths and members of the Zimbabwe National Army and started to peg stands on residents’ stands and allocating the same to some people who had come from other areas outside Epworth.

“When the applicants and other residents approached to ask what was happening, they were assaulted by soldiers and the hired youths,” the court papers read.

The residents want the court to stop the local authority or anyone representing their interests from interfering with their activities.

But the local board, in its responding affidavit, stated that the residents were settled illegally on an unplanned piece of land.

“There is no harassment being caused by the authorities,” an affidavit signed by Shadaya in his opposing papers read.

The matter, filed two weeks ago, is yet to be set down for hearing with council being represented by Mtombeni, Mukwesha, Muzawazi and Associates.