Chronicle Editor
Vusumuzi Dube, Acting News Editor
THE hosting of musical shows and other entertainment events at Queens Sports Ground, Bulawayo’s premier cricket ground, has sparked controversy, as the owners allege that Zimbabwe Cricket has violated the sub-letting agreement by hosting non-cricket events.
The ground has in the past years been hosting musical shows and also operates a nightclub, despite the lease agreement specifically stipulating that it should only be utilised for cricket matches.
Queens Sports Club, the lessees of the ground, had sub-let it to Zimbabwe Cricket for cricket matches.
Just this month alone, the ground is a hive of activity, on Thursday it hosted a show featuring DJ Tira, Asaph and Holy Ten while yesterday there was the Doek and Slay while on New Year’s Eve the ground will play host to Munch n Sip.
In comparison, the ground last hosted an international cricket match in July, which were the 2023 One Day International Cricket World Cup qualifiers, save for a few “social” cricket matches.
The hosting of the qualifiers was the first ODI to be played at the ground in six years.
Queens Sports Club has since taken Zimbabwe Cricket (first respondent), Nicholas Singo, who is the general manager of both the Bulawayo Metropolitan Cricket Association (BMCA) and Tuskers (second respondent) and the City of Bulawayo to court seeking an interdict where they argue that the first respondent and second respondent’s move of the hosting of the musical shows violated the sub-letting agreement.
“The Applicant with the consent of the third Respondent also sublet a portion of the property to the First Respondent and in terms of that lease agreement, the lease agreement runs from 1st of January 2000 until 31st of December 2025, and the sole use of the land by the First Respondent was stated and agreed to be for the playing, hosting and preparation for cricket matches and ancillary activities associated therewith and this is in terms of clause 4 of the lease agreement.
“The First Respondent either acting jointly with the Second Respondent and other unknown third parties or the Second Respondent acting alone or jointly with other unknown third parties have been hosting illegal music shows, social functions illegal gatherings, and illegal restaurants in direct violation of the terms of the existing lease agreement,” reads part of the application.
Queens Sports Club stated that despite numerous engagements that they should stop violating the lease agreement, the First and Second Respondent have either refused, neglected or failed to comply.
The local authority had since given Queens Sports Club as the lease holder, numerous notices, with the latest being issued on 16 November.
“Despite verbal attempts to engage the First and Second Respondent on the issue of these violations, there has been no compliance and there seems to be no intention to comply. A letter dated the 4th of December was issued to the First and Second Respondent through the Second Respondent giving them until the 8th of December 2023 to respond has yielded no positive results.
“In fact, there are a line-up of shows for the month of December that have been planned, and they are re-opening an unauthorised restaurant and night club which had been closed and they are doing so despite a notice for them to stop,” reads the application.
Queens Sports Club, in their application, further note that residential property owners surrounding the ground have constantly complained over the activities at the facility to the local authority, which has the right to terminate their lease because of violation of use.
“I take this opportunity to remind yourselves of your obligations as the lessee in terms of the agreement of lease signed between yourself and council on 1 September 1960.
“However, there have been reports of noise emanating from the sports club that is playing of loud music, which run into the early hours of the morning, thereby disturbing peace in the neighbourhood. This is a violation of Bulawayo (Public Health) by-laws,” reads a letter from the local authority’s Director of Town Planning, Mr Wisdom Siziba.
According to the lease agreement between BCC and Queens Sports Club, which was submitted together with the application, it reads; “The said piece of land together with the buildings thereon and which may be erected thereon in the future, shall be used solely and exclusively for amateur sports with the requisite social adjuncts and the use of the land and buildings for these purposes shall at all times be to the satisfaction of the Municipality.
“Should the club desire on special occasions to stage games, matches or events which would not come within the generally accepted meaning of ‘amateur sports’ shall be entitled on each such occasion to apply to the Municipality for its permission to the proposal and the Municipality shall have the right at its sole discretion either to refuse the application or grant it on such terms, conditions it may determine.”
In their response to ZC, through their managing director, Mr Givemore Makoni seemingly threw Mr Singo under the bus, revealing that neither was he an employee of the cricket body nor an agent meant to represent them.
This was after Mr Singo, through his lawyers, had said he represents ZC.
“The Second Respondent (Singo) is not a representative or agent of the First Respondent in connection with the alleged acts. The Second Respondent has been operating on a frolic of his own as the First Respondent has not authorised any of the illegal actions or activities done or scheduled by the Second Respondent. The First Respondent has not authorised anyone to do developments on the property on its behalf.
“The delay in filing this application at the end of the year has not been justified. Only on the 4th December 2023 is when the Applicant realised that it was not benefiting from the illegal activities and that’s when it wrote to the Second Respondent giving an ultimatum of the 8th December 2023. The application was then only filed on the 19th December 2023,” reads part of the opposing application from ZC.
In his response, Mr Singo who said he was employed by ZC as their general manager asserts that Queens Sports Club has not presented any evidence of the alleged illegal activities.
“The Applicant does not share when, how, where and who engaged the First Respondent. No evidence of the December shows and opening of the nightclub and restaurant have been furnished by the Applicant.
“In the absence of tangible evidence, it becomes the applicant’s mere say-so. The letter dated 26 May 2023 which the Applicant continues to refer to is not an admission. All the activities at the premises have been carried out with the Applicant’s blessing,” reads Mr Singo’s opposing affidavit.
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