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Mashudu Netsianda, Senior Court Reporter
KWEKWE City Council’s former chief fire officer has sued the local authority over its refusal to sell him a house that he has been living in for more than 25 years.
Mr Cleopas Maguma, a sitting tenant at the house situated in Newtown suburb in Kwekwe, wants an order directing Kwekwe City Council to issue him with title deeds in line with a ministerial directive issued in terms of section 313 of the Urban Councils Act under the home ownership scheme.
Mr Maguma through his lawyers, Pundu and Company, filed an application at the Bulawayo High Court citing Local Government and Public Works Minister July Moyo and Kwekwe City Council as respondents.
In his founding affidavit, he said on April 13 in 2015, Dr Ignatius Chombo, who was then Local Government Minister, issued a Local Authorities Circular under section 313 of the Urban Councils Act directing Kwekwe City Council to facilitate issuance of title deeds to genuine and deserving tenants who had rented council houses for a period of more than 20 years.
According to the circular, sitting tenants would benefit and be granted title deeds to guarantee security of tenure and absolute ownership of the properties. The properties were offered to sitting tenants who worked for the local authority for more than 20 years.
“It has been noted that as of recent, some local authorities have shown reluctance to implement this long-standing policy.
“Therefore, in terms of section 313 of the Urban Councils Act (Chapter 29:13), the Honourable Minister of Local Government, Public Works and National Housing directs all local authorities to facilitate issuance of title deeds to genuine and deserving tenants who have rented council accommodation for a period of more than 20 years,” read part of the circular dated April 13, 2015 and signed by Dr Chombo.
Mr Maguma said when the circular was issued, he was in his 24th year of service at council occupying the property.
“On September 24, 2015, I wrote a letter to the then Town Clerk of second respondent (Kwekwe City Council) seeking to purchase the property.
“The letter was endorsed on its face that I qualify to purchase the house,” said Mr Maguma.
He said instead of responding to his application letter, the council wrote a letter reviewing his rentals, arguing that it was in violation of Local Authorities Circular Minute Number 1 of 2015.
The rent was last month increased to $2 000.
“I am advised and verily believe that section 313 (3) of the Urban Councils Act makes it mandatory for Kwekwe City Council to comply with ministerial directives. The first respondent is obliged at law to comply with the directives of the second respondent (Local Government and Public Works Minister) since I am a genuine and deserving tenant of the property,” said Mr Maguma.—@mashnets
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