House wrangle rages on, turns ugly

THE Zimbabwe Republic Police and the Sheriff’s office have been sucked into a land wrangle that has dragged on for 18 years, amid allegations that the police were refusing to co-operate in the execution of a court order to evict tenants at a plot.
Dr Stephen Chambwera — who is believed to be the country’s only astronaut scientist — reportedly bought the property, number 39 Newmansford Avenue, Northvale, in 1996 from one of the late national hero Cde Jairos Jiri’s sons, Mr Lazarus Jiri, while he was still in the United Kingdom.

According to a conversion schedule, Dr Chambwera reportedly transferred a total of 31 615 pounds to the late Mr Jiri through a local bank, CBZ. This translated to 122 813 Zimbabwean dollars.

However, 18 years on, Dr Chambwera has failed to permanently move into the 16-hectare plot or even access title deeds to the property after having been evicted by aid of what later turned out to be a fake court order in 2012.

The plot has since been subdivided into four properties, each with a complete house except for one that is built up to roof level.

Recently, Dr Chambwera won an order through the Sheriff’s office to evict the people residing at the property under dispute, with the Ministry of Justice, Legal and Parliamentary Affairs also intervening and instructing that he was the rightful owner of the property.

However, the order has not been implemented under unclear circumstances, with the police reportedly refusing to intervene, with one officer from Queens Park Police Station allegedly declaring that he would rather be arrested for disobeying the order than to assist the Sheriff’s office in Bulawayo to effect it.

The police, on the other hand, have claimed that they duly played their expected part, with acting Bulawayo provincial spokesperson Assistant Inspector Abednico Ncube saying officers from Queen’s Park had accompanied officials from the Sheriff’s office to attempt to evict the occupants.

“Our officers from Queens Park Police Station accompanied them to the said property and the people there produced some papers, which somehow protect them. So we are now waiting for the Sheriff’s office to produce new papers that will probably override those that these people have,” said Asst Insp Ncube.

However, this has been refuted by both the Sheriff’s office in Bulawayo and Dr Chambwera, who both alleged that the police had squarely refused to assist them by coming up with excuses every time they approached them for assistance in the execution of the order.

An official from the Sheriff’s office in Bulawayo identified as Mr P Magara initially refused to comment but when pushed further revealed that the matter was “too complicated” for their office.

“We could have handled such a matter but it is not for the public to know. But honestly, it is a complex matter and I would best advise you to contact our Harare office or even the police,” said Mr Magara.

When this reporter contacted a Mr Madiga from the Sheriff’s office in Harare, he claimed that he was not aware of the matter.

“I rather not comment on that matter because I might not know it off the cuff, it is honestly a complex matter. Try our Bulawayo offices, I am sure they might assist somehow,” he said.

In an interview, Dr Chambwera said the dispute was giving him heartache as despite him paying the full amount for the property, he had not had peace and was now confused why everyone was shying away from handling the matter.
He said he had strong suspicions that the matter now involved “big fish” who were ensuring that he did not get the plot back.

“When I paid for the property I was still in the UK and was set to relocate back into the country. Mr Jiri gave a three-month notice of eviction to those who were renting the property but unfortunately he passed away a few days before the notice had expired. The people were set to move out on 6 October and Mr Jiri passed away on 28 September 1996.

“It is then that all hell broke loose. The people, namely his daughter-in-law, Mrs Veronica Jiri, refused to move claiming that they had also bought the property, in July 1997. I was forced to take the whole Jiri family to court and the whole family agreed in court that I had bought the property legally and the court ordered that they start facilitating the deeds transfers to my name, which up to now has never taken place,” said Dr Chambwera.

He said in 2012 he was surprisingly evicted from the property, after an eviction order was issued against him. In the writ of ejection, Dr Chambwera was the respondent while the applicant was another of Jiri’s sons, Muzondiwa, who had died 10 years before when the order was granted.

“It is rather confusing what is happening. I bought a property but right now I am of no fixed abode. The paperwork is there to prove that I own that property. Even the Jiri family acknowledged this in court but someone out there thinks they can just bypass the law. Right now there are four properties built there; this shows that someone is parcelling out land willy-nilly for their own benefit.

“Right now the Sheriff has granted this order to evict the people there but the police have made it clear that they will not assist us. I have tried but nothing seems to be coming through. I am also now receiving strange phone calls and people threatening me on the streets that I should just let this issue go,” said Dr Chambwera.

In the eviction order that was effected in December 2012, Mr Muzondiwa Jiri is named as the applicant and it is just stated that Dr Chambwera should be ejected from the said property without any reasons for the eviction.

“Whereas Muzondiwa Crispen Jiri obtained a judgment in the High Court of Zimbabwe on the 10th day of November 2011 against Stephen Madubeko Chambwera of Number 39 Newmansford Avenue, Queens Park, Bulawayo, ordering him and all persons claiming through him to be ejected,” reads part of the eviction notice.

However, in another letter signed by the then secretary in the Ministry of Justice, Legal and Parliamentary Affairs, Mr Terence Machawira, Dr Chambwera is confirmed as the rightful owner of the property with the deeds office instructed to effect the transfer of the title deeds to his name.

“The property has been transferred from the estate of the late Mr Jiri in your name by virtue of the Deputy Sheriff’s action, on the face of it, if there are any persons still occupying the property in question without your consent then the remedy open to you is to seek an eviction of the persons through a court order,” reads part of the letter that was addressed to Dr Chambwera.

In the original court order that was issued by Justice Meshack Cheda at the Bulawayo High Court, it was noted that Dr Chambwera was the rightful owner of the property.

“The honourable court’s in favour of the applicant (Dr Chambwera) made under case number 37 of 99 remains in force, operative and binding upon the Lazarus Jiri’s estate as well as Lazarus Jiri’s heirs, executors, administrators, successors in title and upon any other persons who may purport to make any claim over applicant’s right title in respect of subdivision G of Sansi Souci situated in the district of Bulawayo in extent measuring 16 2053 hectares held in the name of the late Lazarus Jiri under deed of transfer number 3568 of 87 and commonly known as number 39 Newmansford Avenue, Northvale Bulawayo,” reads part of the order.