adminZvamaida Murwira
Senior Reporter
Chitungwiza Municipality has invited legitimate tittle holders of Nyatsime housing stands to bring documentary evidence and have files opened as the local authority seeks to assert its authority following a ruling by the Administrative Court allowing it to clear the mess in the settlement.
In a statement issued yesterday, Chitungwiza Municipality town clerk, Mrs Evangelista Machona said all beneficiaries of the residential stands should bring documentary evidence so that they could sign lease agreements for the stands.
More than 10 000 families who illegally settled on Nyatsime area, or who built illegal structures after being legally assigned stands, now face eviction and demolition of their houses after the Administrative Court agreed last week that the council was acting correctly in demanding documentary evidence from residents that they were on the land legally.
The ruling by the Administrative Court is expected to be a huge relief for thousands of stand owners in the area who have been unable to take occupation of their stands after land barons invaded the area and sold to desperate home seekers leaving holders of offer letters from council in the cold.
The court’s ruling also dovetails into a report by Justice Uchena’s commission of inquiry into the sale of State land commissioned by President Mnangagwa which recommended the eviction of the illegal occupants settled by land barons to pave way for legitimate stand owners with valid offer letters.
In his statement, Chitungwiza Municipality invited all those with offer letters to approach its offices.
“Notice is hereby given, in terms of Section 152 of the Urban Councils Act (Chapter 29:15) that people who were duly allocated stands listed below are being invited to call at the office of the Director of Housing and Community Services at the Municipal Head Office for purposes of having files opened and lease agreements signed for the stands. The stated beneficiaries are implored to come in person with their original offer letters as issued by council,” reads the letter.
“Further, be advised the municipality of Chitungwiza does not operate through agents, members of the public are therefore warned against being enticed and fleeced their hard earned cash by land criminals who may want to take advantage of this exercise.”
The court ruling only applies to the Chitungwiza Municipality’s demand for the documentary evidence that each resident was properly allocated the stand they occupy and that the buildings erected were built in accordance with the by-laws. The Administrative Court made it clear that before anyone could be evicted, or any building demolished, the appropriate court order had to be obtained.
The whole settlement of Braemer and Longlands farms (now collectively known as Nyatsime) is covered in confusion and illegality. Some were allocated the stands by council and paid for them, but then built houses and other structures without council approval, while others just settled on the land without any approval and erected structures without council authority. A third group fell prey to land barons and parted with substantial amounts of money although the land belongs to council.
The area does not have sewer lines, nor is there water supply. There are no roads and the area is inaccessible during the rainy season. Four months ago, council issued a notice ordering the residents to produce documents confirming their legal rights and warned of impending demolition of structures illegally built in the area and eviction of illegal settlers. Trustees of the Nyatsime Beneficiaries Association Trust, appealed the order at the Administrative Court, which ruled this week that council’s decision was above board, paving way for council to institute eviction and demolition proceedings against all illegal occupants.
In the February 2021 notice, council gave the settlers up to a month to produce their offer letters, approved lease agreements, valid service clearance certificates, approved site plans, signed surveyor general’s diagrams, approved and valid building plans, copies of peg forms and copies of stage forms showing all the stages of building were approved.
Administrative Court judge Justice Hebert Mandeya ruled that the families did not comply with the urban planning laws but stressed that the possibility of eviction will only arise when the occupants fail to produce documentation proving they are legally on the land.
The requirements set out in the Regional, Town and Country Planning Act were valid and reasonable from a town planning point of view, said the judge.
As the local planning authority, the council was duty-bound to ensure that developments made in its area of jurisdiction were done legitimately; hence the insistence on validity and approval. The court noted that the council had promised to obtain all required court orders before ordering any demolitions or any removals.
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