adminNorman Muchemwa and Grace Kaerasora
Chitungwiza residents breathed a great sigh of relief after demolitions that were set for today were temporarily put on hold following a court interdict barring the demolitions.
The interdict was granted on Thursday by the Chitungwiza Magistrates’ Court following an appeal made by residents, who were represented by Mr Marufu Mundevere. The case will be heard on March 13, 2018.
Notices advising affected residents to pull down the structures which were built on wetlands, under electricity pylons as well as on top of sewer lines and waterways, were served last year.
Some of the houses were built on land that was earmarked for churches, schools and cemeteries.
The structures are in Seke, Riverside, Zengeza and St Mary’s.
Council spokesperson Mr Lovemore Meya said the demolitions are part of their 100-day plan.
However, he said council is also in the process of regularising stands in areas that are suitable for habitation.
“Regularisation is going ahead, we are actually currently regularising some stands under our 100-day plan.
“That process (regularisation) will bring revenue to council, but there are some stands located on sites that cannot be regularised. Those on condemned sites will bring us more problems,” he said.
Chitungwiza and Manyame Rural Residents Association (CAMERA) chairperson Mr Marvellous Khumalo bemoaned the council’s land allocation system.
“We are against the poor land allocation and management policies at Chitungwiza Municipality. That has allowed land barons to manipulate and allocate residential stands wantonly.”
He argued that council was using an outdated piece of legislation, which he said is no longer in sync with the Constitution.
Urban councils by-laws of 1979 provides that if at any time council is satisfied that there are persons using or occupying or erecting structures on otherwise by virtue of a lease or permission of council land which is vested in or controlled by council, council may serve notice on such users or occupants to vacate the land on not less than 48 hours failing which steps will be taken to evict them summarily.
“While we agree that the demolition of some properties that are sitting on inappropriate areas may be justified, the timing is wrong. We are in the rain season, why should we punish the residents?
“Council officials were watching as these properties were being constructed. Why should they demolish them now? They should have stopped development back then,” said Mr Khumalo.
The High Court has ruled that demolition of houses without a court order is illegal.
Last week, Chitungwiza Municipality announced that it would demolish more than 100 illegal structures.
Chitungwiza has more than 15 000 houses that need to be regularised.
In recent years, land barons have invaded the dormitory town and duped unsuspecting land seekers.
Online Reporter