Online Reporter
Danisa Masuku, [email protected]
THE Bulawayo High Court has temporarily stopped the eviction and demolition of homes belonging to more than 65 families in Makwati Village, Umguza District, bringing relief to villagers who had faced the threat of losing homes they have occupied for over two decades.
The families had been facing eviction after Kalimba Investments obtained a court order authorising the demolition of houses, claiming the villagers were illegal settlers on land leased by the company.
However, the villagers, represented by lawyers Bruce Masamvu and Blessed Mupatsi of Masamvu, Da-Silva Law Chambers, filed an urgent High Court application seeking protection.
They argued that they do not live on the land leased to Kalimba Investments, but in Makwati Village, which they say falls outside the disputed farm boundaries.
In his ruling, Bulawayo High Court Judge Justice Mphokiseng Dube said the matter was sensitive and that the villagers had presented a strong case deserving urgent attention.
He granted a provisional order allowing the families to remain at their homesteads pending the finalisation of the matter.
“The applicants have made a case warranting a hearing,” ruled Justice Dube, effectively halting the planned evictions and demolitions.
In their application, the villagers’ lawyers argued that carrying out the evictions before the matter is heard would expose the families to severe hardship.
“The respondents obtained an eviction order, which gives Kalimba Investments permission to destroy the applicants’ homes. The applicants have no alternative place to stay and have nowhere to relocate to. They will suffer irreparable harm and prejudice if execution proceeds, as they will not only be evicted, but their houses and homes of over two decades will be demolished,” reads part of the application.
Kalimba Investments, represented by lawyer Mr Josphat Tshuma, holds a lease agreement with ARDA, the owner of the land at the centre of the dispute.
The villagers maintain that they are not occupying the leased property and insist they have legally resided in Makwati Village for more than 20 years.
The matter is expected to return to court for a full hearing.
