adminTendai Gukutikwa
A MUTARE resident has taken Mutare City council and the Town Clerk to court in a bid to obtain information on the disposal of some Murambi residential stands which he at one time offered to buy but was turned down by the council. Pending the High Court matter, Michael Peter Hitschman has also dragged the council and two of the land beneficiaries, Banwell Mwarewa and Frederick Chiripamberi to the Mutare Magistrates’ Court seeking an interdict that would bar them from effecting any developments or interfering with the Murambi land.
Representing Michael Peter Hitschman was Mr Passmore Nyakureba of Maunga Maanda and Associates, while Mr Chris Ndlovu of Gonese and Ndlovu Legal Practitioners appeared for Banwell Mwarewa. Mr Innocent Mandikate of Muvingi and Mugadza Legal Practitioners represented Frederick Chiripamberi and Mr Tawanda Martin Kanengoni appeared for the Mutare City Council.
In his response to Hitschman’s affidavit, Ndlovu prayed that the application be dismissed since according to him, Hitschman was trying to get back at the Council after it had failed to give him the information on the ‘infill’ that he had at one time offered to buy.
He described the applicant as a bitter and sour man after his own offer was dismissed by the City of Mutare. “The application is a testimony of hypocrisy and abuse made by a bitter man, not only to the court but also to the citizens by the haves, the applicant has approached the court to harass Mwarewa because he(Hitschman) at one time offered to purchase the same land so that he could build a house for his son, and was turned down by the City of Mutare
“On public policy, the city of Mutare managed to benefit 8 individuals which is all but fair compared to one person who wanted it all for himself to develop it for his son,” continued Ndlovu.
In his affidavit, Hitschman claimed that he was denied administrative justice by the City of Mutare and also claims that Mwarewa and Chiripamberi who are already developing their lands are disturbing the Flora and Fauna and need to be stopped pending the High Court ruling.
Also addressing the court, Mr Tawanda Martin Kanengoni, said that the land in question was council property and under council’s jurisdiction.
“The land was distributed in line with the Mutare City Council Policy and the Government Policy and if the applicant has any issues on how the land has been distributed, he has made an application to the High Court and we have opposed. To interdict beneficiaries who have benefited from the council is not his right,” said Kanengoni.
He also went on to question the applicant on why he had dragged only two of the eight beneficiaries to court. “Will Mr Michael Peter Hitschman only suffer prejudice from these two and not the other six?,” asked Kanengoni.
Responding to the arguments, Nyakureba argued that his client was not seeking a relief to bar all beneficiaries but only those who were already developing the land which explained why he took just Mwarewa and Chiripamberi among the eight to court.
Said Nyakureba: “It is the manner in the pair have disposed of the land which is under scrutiny so it does not matter whether the land is theirs or not.” He went on to state that the administrative justice and how the land had been distributed was in question and not who had benefited.
“Every person has a right to administrative conduct. There is no proof that the City Council followed the mandatory procedures according to the Urban Councils Act, generally there has to be an advertisement in the local newspaper and another advertisement at their local premises that is the Civic Centre amongst other requirements. However, none of those advertisements were even placed anywhere and that just gives one room to doubt the administrative justice,” argued Nyakureba.
Mrs Chigodora set the matter down for ruling on December 4, 2015.
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