Mliswa seeks order to stop property demolition

NORTON MP Temba Mliswa (Independent) has filed an urgent High Court chamber application seeking to bar a local land developer from demolishing housing structures built at Kingsdale Farm in the sprawling town.

BY CHARLES LAITON

Temba Mliswa
Temba Mliswa

In his application, Mliswa cited the property developer, Maparahwe Properties (Pvt) Ltd, Norton Town Council, Lands minister Douglas Mombeshora and Local Government minister Saviour Kasukuwere as respondents.

The legislator said he made the application on behalf of the Norton Residents’ Development Trust.

“This is an urgent chamber application for an interdict staying evictions, eviction court proceedings instituted and the unlawful demolitions of properties belonging to Kingsdale Farm residents by the first respondent (Maparahwe Properties) pending the outcome of the application for compelling order and declaratuer which is pending in the Administrative Court,” Mliswa said in his founding affidavit.

“The 1st respondent is evicting and has unlawfully evicted legitimate residents in an act that grossly violates the order of the Constitutional Court (ConCourt). Several occupants have been served with summons and notices to plead by 1st respondent whose intention is to evict all residents who were awarded 140 hectares of the land in question in the ConCourt under CCZ43/15.”

In his submissions, Mliswa said Maparahwe Properties had been reluctant to enter into a deed of settlement with the Kingsdale Farm residents in terms of the ConCourt order and was instead making private sales of some stands already occupied by legitimate residents.

The legislator also accused the property developer of indiscriminately selling the stands, some at inflated prices in contravention of the ConCourt order.

“To date, over 370 stands allocated to the formed co-operative styled Kingsdale Housing Co-operative have been sold by the 1st respondent and there are various issues of double allocations causing clashes between members of the co-operative and other private purchasers,” Mliswa said.

“I humbly believe that this matter can only be resolved amicably if the 1st respondent respects the order of the ConCourt that allocated 140 hectares of land in question at the rate of $5 per square metre to the occupants upon acquisition together with the private purchasers and desist from selling stands occupied by the said residents.”

He added: “I further submit that the continued private sale of already occupied stands has caused mayhem and disharmony within my constituency as the private purchasers are being made to pay more than the ordered $5 per square metre proportionate to stand sizes and even other occupants who have been given agreements of sale by the 1st respondent are paying up to $27 per square metre.”

The matter is yet to be set down for hearing.

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2 Comments

  1. Apa Maparahwe yakanga yati by June 2017 votanga maroads,by this move tavakuvapa mukana futi wokusa developer citing court cases like zvavakaita pa developers permit yaka expire vasina chavakaita vakapa excuse ye confusion iyoyi yama politicians edu.Come on guys,instead MP mungadai maita compel the developer to rather develop using macontributions arikuitwa neserious & progressive homeseekers.Look since the Concourt ruling ya2013 no development because of looters & confusion causing people ,

  2. Maparahwe is apprroaching the court with dirty hands. He must first comply with the Constitutional Court order. Only after the residents fail to comply with the Deed of Settlement requirements can he seek to evict the residents. What is at play are strong arm tactics which must be rejected. The law can not always be on his side. He should do his bit. The wheels of law turn slowly, but if that’s the route he wants to follow, so be it.

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