Mbare legislator Martin Sunungukayi Matinyanya has teamed up with students at Mbare Vocational Training Centre and filed contempt of court allegations against a contractor hired to demolish structures at the college.
They recently won a provisional High Court order stopping the demolition of the college buildings pending finalisation of the case, as they are against relocation of the college to a new site in Budiriro high-density suburb.
The demolitions were sanctioned by Harare City Council after it had sold the land to a new developer, Junior Family Business.
However, the legislator and his team are against both sale of the land and relocation of the college. They now accuse the contractor, Green Gate Engineering and Construction, of razing down more buildings in defiance of the provisional court order.
The applicants were represented by represented by Privilege Seda and Melusi Muchada.
Matinyanya and the students identified in court papers as Jimmy Fernando, Moses Tambarare and Oliver Vellem cited Private Places Hygiene Eye (Private) Limited, trading as Junior Family Business, City of Harare, Youth Empowerment, Development and Vocational Training minister Tinoda Machakaire and his Local Government ministry counterpart Daniel Garwe, and Mbare district police boss respondents, in their initial court application.
According to the new allegations, the contractor Green Gate Engineering and Construction, has continued with the demolitions, disturbing classes in the process.
However, Green Gate Engineering and Construction boss Tonderai Zvarehwa dismissed the allegations saying they stopped working at the site soon after the provisional order was issued although they had already covered 90% of the work required.
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"There is no construction work being done at the moment. We have retreated to other projects we were carrying out in other areas.
"We stopped the construction work on the day we were furnished with the provisional order, and l am in limbo if l am going to recover my money if the High Court finally stops these developments," Zvarehwa said.
The new land owner, Junior Family Business had opposed the application at the High Court, saying the applicants had been advised of the planned demolitions on August 25 this year, and that the demolitions were sanctioned by the Harare City Council.
The company said the proposed relocation of the vocational training centre to Budiriro was above board and offered continuity.
It maintained that none of the applicants' rights were violated, adding that the balance of convenience favours allowing the development to proceed.
Harare, through its town clerk, also opposed the application.
Council said the applicants delayed taking action after being advised of the pending demolition.
The local authority also maintained that the applicants have no legal standing as they failed to prove they are students or demonstrate enforceable rights.
