Online Reporter
Fidelis Munyoro
Chief Court Reporter
IN the heart of Warren Park, a place synonymous with the smoky aroma of sizzling barbeque and the lively chatter of locals enjoying their beloved “gochi gochi,” the community of kwaMereki found itself embroiled in a high-stakes legal battle that captured imaginations far beyond its borders.
What began as a hopeful dream for the Mereki Community Trust to secure ownership of a cherished piece of municipal land ended, like embers fading in the night, with a Supreme Court ruling that left their aspirations in ashes.
The Supreme Court, in a unanimous decision delivered by Justice Hlekani Mwayera, extinguished the Trust’s appeal against the City of Harare.
The court found that no valid contract existed between the two parties, effectively dousing the flames of the Trust’s legal claim.
“The appeal be and is hereby dismissed with costs,” declared Justice Mwayera, her words final as a gavel striking wood.
At the core of the dispute was Stand 5153, a piece of Warren Park Township land for which the Mereki Community Trust claimed to have struck a deal with the City of Harare in 2016.
The Trust argued that they had agreed to purchase the land for ZWL $862,500 and had paid the full amount.
In their view, the deal was done, and the land was theirs.
But the City of Harare sang a different tune.
They denied the existence of a valid agreement, asserting that the Trust had failed to meet critical conditions, including the timely payment of one-third of the purchase price.
To complicate matters, the City insisted that the land was priced in United States dollars, not Zimbabwean dollars, and offered to refund the payments already made by the Trust.
The High Court had previously sided with the City, ruling that no binding contract existed.
Undeterred, the Trust appealed to the Supreme Court, hoping for a reversal of their fortunes.
But the highest court in the land left no room for doubt.
Justice Mwayera, delivering the detailed judgment, explained that the absence of a valid contract rendered the Trust’s appeal baseless.
The sale of municipal land, she emphasised, is governed by the Urban Councils Act, a law that requires strict adherence to specific procedures, including ministerial approval.
None of these requirements had been met by the City of Harare, making any purported agreement legally void.
“There is an elaborate process that has to be undertaken by a municipal authority before it may lawfully dispose of its land.
“It is a process provided for by statute,” Justice Mwayera stated, her words as precise and unyielding as the law itself.
She further noted that the court could not enforce an agreement that contravened statutory requirements, no matter how well-intentioned the parties involved might have been.
The Trust’s argument that the High Court had erred in admitting oral evidence from a City witness also fell flat.
Justice Mwayera pointed out that the Trust had agreed to the admission of this evidence during the trial and could not challenge it after the fact.
“The appellant cannot now challenge the admissibility of evidence that was allowed without protest,” she ruled, firmly closing that door.
The judgment was backed by Justice Tendai Uchena, while Justice Feliciah Chatukuta, who sadly passed away after the hearing, had also concurred with the decision.
The ruling was more than just a blow to the Mereki Community Trust. It was a sobering reminder of the ironclad requirements of the law when it comes to municipal land.
Contracts of this nature cannot be forged in the heat of passion or on the strength of informal agreements. They must meet the rigorous demands of the Urban Councils Act, or risk being declared unenforceable.
Even if the Trust and the City had reached some form of understanding, the failure to secure ministerial approval and comply with legal procedures meant that their agreement was doomed from the start.
The Supreme Court’s decision marked the end of the Trust’s long and bitter struggle.
The Trust was ordered to pay the City’s legal costs, a financial burden that only deepened the sting of their defeat.
Yet, in the smoky heart of kwaMereki, life goes on.
The grills continue to sizzle, the laughter of patrons fills the air, and the vibrant spirit of the people remains unbroken.
Perhaps, in time, the community will find another way to secure the land that holds so much meaning for them.
For now, the lesson is clear, even amidst the warmth and camaraderie of gochi gochi, the cold, unyielding hand of the law reigns supreme.
As Justice Mwayera wisely stated, quoting past Supreme Court judgments, “The law is not just a set of rules – it is a process, an intricate dance that must be followed step by step.”
And in this case, the Mereki Community Trust learned that straying from the rhythm can leave even the brightest dreams to fade like smoke into the night.
Mathew Masinge