adminMashudu Netsianda Senior Court Reporter
THE High Court has ordered 32 prison officers and their families to vacate Thokozani Flats in Mzilikazi over a $25,000 debt in rental arrears. The ruling by Bulawayo High Court judge Justice Francis Bere follows a court application by the Bulawayo City Council (BCC), the owners of the residential flats comprising 32 units.
In the papers before the courts, BCC is the plaintiff while the Ministry of Justice, Legal and Parliamentary Affairs was cited as the sole defendant. The local authority and the Ministry have been locked in a protracted wrangle in the past 14 years which resulted in the council cancelling the lease agreement over non-payment of rentals by the occupants.
“A default judgment be and is hereby entered for the plaintiff against the defendant for an order evicting the defendant and all persons claiming occupation of Thokozani Flats through the defendant be and hereby granted,” ruled Justice Bere.
The judge also confirmed the cancellation of the lease agreement between the council and the Ministry of Justice, Legal and Parliamentary Affairs in respect of the residential flats which are being occupied by the prison officers.
The Ministry of Justice, Legal and Parliamentary Affairs was also ordered to pay the costs of the suit. BCC leased out the flats to the Ministry in April 1967 before it resolved to rescind the decision in November 2001 over non-payment of rentals.
In the court papers, BCC through its lawyers, Majoko and Majoko Legal Practitioners, said it informed the defendants of its decision to cancel the lease agreement.
“In November 2001, the council resolved to cancel the lease agreement with the Ministry of Justice, Legal and Parliamentary Affairs and this was communicated through a letter. The defendants pleaded hardships and requested council to reconsider the decision and the council declined,” said the council’s lawyers.
The council said despite the cancellation of the lease agreement, the prison officers were given enough time to secure alternative accommodation.
Between March and July 2013, the Ministry of Justice, Legal and Parliamentary Affairs paid $ 30,000 towards the rental arrears of $55,029.
“The defendant remains indebted to the plaintiff in the sum of $25,029 as of August 1, 2013,” said the council.
BCC said despite demand to vacate the flats and pay the outstanding rentals, the Ministry of Justice, Legal and Parliamentary Affairs has remained defiant.
In its letter of appeal against council’s decision to cancel the lease agreement dated August 2, 2007, the Zimbabwe Prisons and Correctional Services (ZPCS) said accommodating its staff at Thokozani Flats was a strategic initiative to protect the local community.
“The strategic initiative to house our prison officers at Thokozani Flats has continued to protect the Bulawayo community at large through the secure incarceration of offenders for their rehabilitation and reintegration into society,” read part of the letter by the then Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs, David Mangota.
He further argued that the flats were conveniently situated for prison officers stationed at Bulawayo Prison Complex.
“Moving our prison officers out of Thokozani Flats will cripple the operations at Bulawayo Prisons since the flats are strategically located by virtue of being in close proximity to the complex.
“Our mandate is to provide and maintain security and most importantly to the residents of Bulawayo in this case,” said Mangota.
Online Reporter