Minister’s notice to acquire Cowdray Park land hits brick wall

Minister Mombeshora
Minister Mombeshora

Mpumelelo Nyoni Chronicle Reporter
THE Minister of Lands and Rural Resettlement Dr Douglas Mombeshora’s notice to compulsorily acquire 1,237 hectares in the Cowdray Park stands wrangle has been opposed by Gamange (Pvt) Ltd, which claims to own part of the property where a residential suburb is earmarked. Gamange (Pvt) Ltd and Mahlaba Housing Programme (MHP) proprietors have been battling for 567 hectares of land meant for housing development. Many civil servants have been allocated housing stands on the disputed land.

Gamange (Pvt) Ltd, through its lawyer Josphat Tshuma, yesterday said it had drafted a written objection to the acquisition notice which will be submitted to Minister Mombeshora tomorrow.

The Ministry of Lands and Rural Resettlement announced in a government gazette issued on June 12 that government intends to compulsorily acquire the disputed land for urban development.

“Notice is hereby given in terms of section 5 (1) of the Land Acquisition Act (Chapter 20: 10) that the President intends to acquire compulsorily the land described in the schedule for urban development,” reads part of the notice from the government gazette.

The notice added that any owner or occupier or any other person who has an  interest and right in the said land and who wishes to object to the proposed compulsory acquisition or wishes to claim compensation in terms of the law, does so in writing to Dr Mombeshora.
Tshuma said the government’s decision to acquire the land is a contradiction as Gamange (Pvt) Ltd already has a permit to develop a residential area on the farm.

“Gamange (Pvt) Ltd objects the proposed acquisition for a variety of reasons. Firstly, the government already owns 690 hectares through the Bulawayo City Council which acquired the land for sewer purposes.

How can the government acquire land from itself?
“Secondly, Gamange (Pvt) Ltd applied to develop the remaining 567 hectares into a township and a permit was granted pursuant to that desire.

This is the same 567 hectares that a private property developer (Mahlaba Housing Programme) now claims to have authority to build houses for civil servants. Where did they get the authority from?” asked Tshuma.

“The acquisition in this case is not necessary under the circumstances. It is in fact a contradiction in itself.”
MHP lawyer, Nelson Mashizha of Sachikonye-Ushe Legal Practitioners recently said they were working with the authorities to develop the land.

He added that the government’s decision to gazette the land settles their dispute with Gamange (Pvt) Ltd as the action confirms MHP as the authorised property developer.

“Government’s gazetting of subdivision L of Helenvale Block measuring 1,237 is a confirmation of River Valley Properties as the sole developer of the land in question. It is a strategic partnership with the government so the civil servants who paid for the stands should not worry because they are now guaranteed the stands,” said Mashizha.

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