Online Reporter
Prosper Dembedza
Herald Correspondent
Zvimba Rural District Ward 3 councillor Nelton Chivhanga has been convicted of contravening provisions of the Regional, Town and Country Planning Act after he constructed a leisure centre at Mukadzimutsva Dam without obtaining the required council approvals.
Chivhanga (56), who pleaded guilty when he appeared before a Norton magistrate, was fined US$200 or three months in prison.
Zvimba Rural District Council, represented by Laurence Mushayabasa, was the complainant.
The court heard that in 2020, Chivhanga, who was a member of the council’s Planning and Development Committee, applied for one hectare of land in Ward 3 to establish a leisure centre.
The land was situated at a dam site known as Mukadzimutsva in Murombedzi.
The planning department then engaged the community through community consultations to see if there were any objections.
There were no objections raised from the community consultations. The matter was then forwarded to the Planning and Development Committee on April 16, 2021, to deliberate on the application by the accused.
The court heard that from the Planning and Development committee the matter was then forwarded to the Full council which then resolved the establishment of a resort centre at Mukadzimutsva Dam ward 3.
The court heard that investigations revealed that after the resolution was passed, the accused went on to construct buildings at the resort centre without having an approved layout plan from council or a development permit from council.
The State said in doing so the accused violated Zvimba Rural District Council procedure which stipulates that prior to any construction one should first have a Development permit and approved building plans.
Chivhanga contravened Section 24 (1}(d) as read with section 24(4) of the Regional Town and Country Planning Act Chapter 9:12 which stipulotes that unless permitted in terms of a development order and subject to this Act and any such development order, no person shall carry out any development, other than development which is carried out in accordance with the terms of a permit.
