BCC housing department condemned

Court Reporter
THE Bulawayo City Council housing department has come under fire after a home seeker dragged the local authority to court for failing to transfer to his name a stand he bought from another resident.Lovemore Bumhira, of Emganwini suburb applied to the High Court in Bulawayo seeking an order to force Nketa housing officer to sign change of ownership and cessation documents.

Bumhira bought stand Number 1030 Emganwini from Siphathisiwe Nyoni and started the process of transferring the property into his name, but it turned to be tiresome, according to him.

There was no mention of the price of the property. This is the second court application in two months, following another by the previous owner in respect of the property.

Bumhira told the court in his founding affidavit, that there has allegedly been deliberate neglect by the previous owners and housing officers to transfer the property and that is now affecting him.

According to court documents, Nyoni bought the stand from Isaiah Ncube on January 29, 2013, for $6,000 but failed to transfer it to her name allegedly because of the reluctance of officers at the council’s housing department.

Nyoni paid in full for the house and signed an agreement of sale. It is said the property has been owned by three people before and none of them succeeded in transferring ownership.

Ncube bought the stand from Raymond Nkala in whose name the property is registered but he is reportedly reluctant to change ownership as he has been summoned to court before in vain.

Bumhira now wants the housing officer at Emganwini to be compelled by the court to sign the documents, fearing that he would lose the stand or his money.

In September this year, Nyoni was granted an order by Bulawayo High Court judge Justice Andrew Mutema compelling Nkala to go to the housing office to sign cessation form for the transfer of the housing stand.

According to the order, Nkala was supposed to transfer the housing stand into Ncube’s name so that the latter would in turn transfer it into Nyoni’s name.

Nyoni told the court that Nkala was not willing to effect transfer of the property, adding that the developments were frustrating her.
“Raymond Nkala shall proceed to Nketa housing office to sign all cessation forms relating to the transfer of the housing stand 1030 into Ncube’s name and immediately thereafter Ncube shall transfer it to Siphathisiwe Nyoni.

“Should both default, the deputy sheriff shall proceed and effect the transfer with Ncube and Nkala paying the cost of suit at an attorney client scale,” read Justice Mutema’s judgment.

Nkala did not honour the court order but nothing was done by either the Deputy Sheriff or the housing officer resulting in Bumhira making fresh demands in court.

The case has not been set down for hearing.