THE Administration Court has instructed Umguza Rural District Council (RDC) to give reasons on why it ordered a land developer, to stop carrying out any development work on a land in Ntabazinduna Township.
BY MTHANDAZO NYONI
In May this year, Umguza RDC chief executive officer, Collen Masuku, ordered N &S Properties to stop carrying out any development in the area until further notice.
He argued that the land developer sold the residential stands outside the scope of their agreement, leaving the area looking like a squatter camp, as the stands were not pegged in accordance with council procedures.
The council added that the area does not have sewer and water reticulation systems. The order was supposed to come into operation on April 16, 2017.
However, on April 19 the land developer appealed at the Administration Court against the enforcement order. It said Umguza RDC erred in issuing an enforcement order on a matter whose issues were already pending at the High Court Bulawayo under case number 451/16.
“The respondent (Umguza RDC) misdirected itself by overlooking the fact that the issue of a development permit was never finalised by the parties in terms of the agreement signed in 2008,” reads part of the appeal.
In response, the court on April 25 ordered Umguza RDC “to lodge with the Registrar a record of proceedings or reasons for the decision concerned, together with all papers relating to the matter in issue”.
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“Please note that you are required to submit the above request record as soon as possible and not later than 30 days of receipt of this notification. Failure to comply with the above record will be placed before the President for a decision,” the court wrote.
Last month, civil servants who were allocated residential stands at Ntabazinduna Township by a land developer petitioned Umguza RDC over its failure to approve their stands.
They said they entered into an agreement with the land developer, which has legal reason to render such services because of a full council resolution, which was passed in 2008 to allow it to undertake such on their behalf.
Civil servants involved are police, prison officers, soldiers, teachers and nurses.
