malvernmugadzikwa
Nyore Madzianike
GOROMONZI Rural District Council has been given the green light by the High Court to demolish an illegal clinic constructed and run by Precious Gwande at Zimbiru Business Centre, Ward 4 in Domboshava.
On August 20, 2021, Goromonzi RDC issued an enforcement order against Gwande following her irregular construction of the clinic.
The enforcement order explained the irregularities concerned and the need to demolish a perimeter wall that had been erected in breach of building regulations.
Gwande was directed, not to only cease further development activities on the stand, but to demolish the condemned structure and precast wall.
Dissatisfied with the prohibition and demolition orders, Gwande approached the Administrative Court challenging the enforcement order that had been issued.
The Administrative Court, in its judgment of February 22, 2022, ruled that the structures at Zimbiru Business Centre had been irregularly erected and that the enforcement and prohibition orders issued by Goromonzi were warranted.
Gwande defended the suit and won on appeal, arguing that her structures were on a piece of communal land she inherited from her grandmother.
She claimed that her grandmother had occupation rights over the piece of land since 1961 and that she had been there since 2013.
Gwande claimed that her application to construct the structures had not been responded to by Goromonzi RDC.
Irked by the court’s ruling, Goromonzi RDC approached the High Court to challenge the judgment.
High Court judge Justice Amy Tsanga sitting with Justice Samuel Deme, upheld Goromonzi’s RDC’s appeal and ordered the demolition of the irregularly erected structures within 14 days.
Gwande was also ordered to restore the site to its original status.
Other people claiming rights of use and occupation of the site were also evicted.
Bongani Ndlovu