DUNGWIZA NEWS

Chitown dangles Nyatsime saga solutions

Published

7 months ago

May 23, 2024

Editor

By DUNGWIZA REPORTER

IN A bid to avert impending financially crippling lawsuits, the cash-strapped Chitungwiza municipality has stepped a gear up by seeking urgent government intervention to comprehensively address challenges bedeviling the Nyatsime Housing scheme saga.

In an exclusive interview with Zim Community News, acting housing director Tendai Chinganga said the problems in Nyatsime were not impossible to resolve as long-lasting and mutually beneficial solutions were in place to address these multifaceted challenges.

“But we believe the problems in Nyatsime are not insurmountable, there are problems that can be resolved in a manner that will benefit both the beneficiaries, Chitungwiza Municipality and Manyame RDC.”

Also in response to a gap created by the administrative vacuum on six farms in dispute Chitungwiza councillors on Monday passed a resolution seeking government’s intervention to revive the Manyame-Chitungwiza joint committee (MACHI).

Government set up MACHI through Statutory Instrument 211 of 2021 to manage Braemer, Longlands, Cawdor, Edinburg, Tantallon and Dunnottar farms.

However, the six-member committee stopped functioning amid allegations that the joint committee was pursuing self-interests after the government appointed UdCorp to act as a local authority in the same area.

Chinganga proposed that if this joint committee has failed, Chitungwiza is in a position to run this scheme because the obligations are heavily weighed against the municipality.

“As it stands we have the Statutory instrument which is still valid and extant the joint committee was constituted in terms of Statutory Instrument 211 of 2021, which statutory instrument as of today has not been set aside, so legally the joint committee is still a recognised legal creature which is capable of suing and being sued in its own name.”

He added that if the government was reluctant to allow Chitungwiza to administer Nyatsime, the only practical solution outside the joint committee was to establish an independent local authority to manage the affairs of the six farms.

“What it would then do is that it would then assume both the liabilities and assets associated with the task, in my view that is the only solution to this situation but at the moment Chitungwiza municipality remains heavily exposed and is in danger and the situation is threatening to get out of hand if it is not urgently addressed.”

Proposed solutions

Chinganga grouped those affected by the scheme in one way or the other into four categories, based on findings by Chitungwiza.

(i) The first category is those people who are holding on to our offer letters and other related documents who have managed to go on the ground and settled themselves in their rightful stands. That is the first category, and in our view it will be a question of regularising their stands and giving them additional relevant documents so that they start paying to council and they also process other accompanying documents.
(ii) The second category are those who have council documents but are occupying stands which are not theirs, within the same category there is category A and B
Category A are those who are occupying stands which are not theirs, but are of equal size to the stands that they are supposed to be occupying.
So our approach on those ones is that we will just switch because in terms of size they are occupying stands which are equivalent to the ones that they were supposed to be occupying.
Category B are those who are holding on to our papers and they have decided to occupy stands which are bigger than the stands that they were initially allocated.
So there are two options on those ones, either to redirect them to their original stands or to allow them to stay at the current stands were they are occupying at the moment and ask them to pay an additional cost to what they had already paid say they paid for 200 sqm but are now staying at a 500 sq m stand, so they have to pay for this other difference plus damages because they are staying on a stand which is not theirs, so we would certainly need to extend some penalties in case we might need to compensate the originally allocated person.
(iii) The third category is that of those who are only holding on to our paper work, but they have not been afforded the opportunity to physically take occupation of their stands.
With respect to this group, we are of the view that once we get all the details either we are going to engage the ministry so that they can give us additional land so that we accommodate these people or we are left without an option except to refund them and certainly with compensation.
(iv) The fourth group is composed of those who have decided to take the law into their own hands assisted by land barons, they don’t have any paper work either from Chitungwiza Municipality or Manyame Rural District Council they were settled by pressure groups and some political parties, but they are on the ground.
We have got two options for this group, the first option which was once tried but with very nasty results is eviction. I am aware that sometimes the council attempted to evict these people on the strength of a court order and the council staff and the messenger of court were all thoroughly bashed. I am told they fled from the area. These are the hazards of option number one, but we are aware that there is now political will to decisively deal with this issue given the position of government on land barons so we are of the view that we might possibly ride on that one.
Option number two is to temper justice with mercy, we will not victimise the victimized, the understanding is that these people have already been victimized by land barons who stole money from them, whilst the land barons are going to face the full wrath of the law we will deal with these people who are on the ground by making sure that they pay the true value of the stand in addition to the true value of the stand they will pay the compensation for that particular stand which will be extended to the person who should rightfully have occupied that stand.
So this is how we will possibly approach this issue having taken into consideration all the various variables and the political, social and economic dynamics which have also surrounded this scheme.
The layout for this area in terms of residential the scheme had 15 000-plus those in high density are 10 542, medium density 1 670 and 2 875 are low density stands.
Every space in Nyatsime is accounted for by a stand number be it an open space or Zesa servitude.
Then in terms of institutional; these are the schools, crèches and everything, they are 95 stands and 132 commercial stands, so the scheme is quite self-containing, there are some engineering designs that were also done by Chitungwiza Municipality

Breaking News

Nyatsime housing beneficiaries plot to sue Chitungwiza over stands

…Council fails to provide stands 16 yrs after full payment

…all parties must give dialogue a chance says gvt

Published

2 months ago

October 9, 2024

Editor

By ALBERT MASAKA

IN A bold move that is aimed at seeking justice from Chitungwiza Municipality, thousands of Nyatsime housing beneficiaries are mulling a class action lawsuit to demand formal allocation of their stands 16 years after paying for them, a situation that will heavily expose the cash-strapped council to bankruptcy.

A representative of the aggrieved persons, Bothwell Mahobele told Dungwiza News recently that the class lawsuit against Chitungwiza was aimed at seeking redress from the council over its failure to deliver residential stands to the beneficiaries who purchased them between 2006 and 2010.

“Despite receiving payment, the municipality has not fulfilled its obligations, leaving over thousands of individual home seekers without their rightful properties for 16 years. The municipality’s inaction and lack of accountability is the one compelling us to seek justice through legal action.”

“After trying to engage with them in November 2023, we were met with complacency and excuses. There is lack of accountability and urgency with Chitungwiza Municipal Authorities.

He said they were in the process of engaging a legal team consisting of experienced attorneys that specialise in property law and human rights.

“We anticipate filing the case within the next few weeks, once all necessary documentation which is already in progress is finalised except in the event that Chitungwiza Municipal authorities come forth with a meaningful response.”

He added that thousands of individuals were affected, with total losses estimated at US$10 million.

“This figure accounts for the initial purchase prices at the prevailing or current price of land and land/stands development service charges from the same Council, interest, and opportunity costs incurred over the 16-year period.

“Our grievances include breach of contract, failure to deliver residential stands, lack of accountability, the municipal authorities’ inaction and complacency and financial losses incurred due to delayed or non-delivery.

“We seek delivery of our residential stands, allocation of stands to beneficiaries and compensation in the form of financial restitution for losses incurred.”

Chitungwiza public relations manager Tafadzwa Kachiko said the Ministry of Local Government and Public Works was seized with this matter, and once a position was set, members of the public will be notified.

Responding to questions sent by this publication, the chief director of Spatial Planning and Development in the Ministry of Local Government and Public Works Shingirai Mushamba said that government was aware of the complex challenges that exist with the Nyatsime Housing Scheme and that efforts to resolve the matter have so far not been successful.

“Further, government appreciates the fact that some stakeholders have become impatient. It however, urges parties to dialogue and to find a lasting solution.

“The applicants for the land, Chitungwiza Municipality, Manyame Rural District Council and government, together with other stakeholders will convene soon under the leadership of respective Ministers to find a permanent and win-win solution. All parties are encouraged to give dialogue a chance,” Mushamba said.

In 2005, Chitungwiza sold over 11 000 stands covering Braemer Farm (818 3586ha) and Longlands Farm (215,64ha) and due to overwhelming demand by beneficiaries, the municipality ended up subdiving the stands to create an additional 15 457 stands.

Through Statutory Instrument 211 of 2021, government later set up a six member joint committee, made up of three councillors each from Chitungwiza Municipality and Manyame Rural District Council to manage the six farms located in Ward 9.

The committee, which has powers of an urban authority, managed Braemer, Longlands, Cawdor, Edinburg, Tantallon and Dunnottar farms situated in ward 9 in the district of Seke in between the area administered by Chitungwiza Municipality and that administered by Manyame Rural.

Along the way the joint committee stopped functioning after the then Local Government minister replaced it with Urdcorp after he felt that the joint committee was not equal to the task as some members were pursuing self-interests.

The minister’s decision, which created an administrative vacuum on the six farms turned into residential areas, particularly Longlands and Bremer, is threatening to get out of hand if it is not urgently attended to.

Breaking News

Another Chitown valuation roll storm brewing

Published

3 months ago

September 10, 2024

Editor

CHITUNGWIZA councillors are set to make tough decisions at tomorrow’s full council meeting following revelations that the acting chamber secretary has advised that council risks litigation running into thousands of dollars over a recent resolution made to terminate the valuation roll contract awarded to Grosbroke Real Estate (Pvt) Ltd.

Councillors recently blocked a tender for the town’s valuation roll exercise awarded to Grosbrook Real Estate, accusing acting town clerk Japson Nemuseso of signing the contract without following due process.

But the acting chamber secretary is reported to have recommended that council must consider a solution that mitigates against imminent monetary and time losses that will arise if they stick to the resolution.

The chamber secretary also advised that following an analysis of the facts, chances of Council successfully defending a lawsuit against council were very slim.

According to a document from the chamber secretary’s office, Grosbrook has advised through its lawyers their contracts cannot be terminated through a resolution but according to contract termination clauses in their agreement with council.

“The document advises that the lawyers are demanding 15% payment since the contract had not been terminated.”

The lawyers demanded that Council must withdraw the letter of termination within 10 days, failure which they would institute legal proceedings against Council for breach of contract.

“This is due to the fact that there is a valid legal agreement between the parties, and the Consultant has not breached any terms of this agreement. f) There are high chances that Council will incur legal costs for paying our lawyers to defend a case whose chances of success are slim and will also ultimately pay damages. g) In the event of losing the case Council will also have to meet the Consultant’s legal costs. h) While the case will be dragging in the courts an injunction may be sought against Council until the matter is finalised. i) After incurring the monetary and opportunity costs Council will still have to tender for a Consultant for the Valuation Roll since this is mandatory to all local authorities.” part of the written advice reads.

The Human Resources and General Purpose Committee has also tabled an agenda to rescind the resolution of 31st of July 2024, for tomorrow’s meeting.

Following its meeting on the 3rd of September 2024 the committee also proposes that Grosbrooke proceeds with the negotiated price without e-cadastral following its meeting held on the 3rd of September 2024.

A source said that councillors were not happy with other issues to do with the tender process.

“The advert did not have certain specifications that were added in the actual contract without a resolution from the council is another redflag.

According to sources, the councillors also queried the amount to be paid Grosbrook, which they believe was inflated and resolved to set up a commission of enquiry to investigate the issue.

However, another source said that other councillors were wary of violating the Public Procurement And Disposal Of Public Assets Act, particularly Section 14.

According to documents available to Dungwiza News Grosbrook Real Estate Private Limited has instructed its lawyers to respond to a letter on the Contract agreement for the preparation of the General Valuation Roll for Residential and non-Residential Properties dated 6 August 2024.

Council announced recently it will be undertaking a general valuation of all properties in Chitungwiza in terms of the Urban Councils Act and has appointed Grosbrook to undertake the exercise.

The notice stated that this was in line with the first stage of President Emmerson Mnangagwa’s Call to Action -No Compromise to Service Delivery interventions aimed at modernising local authorities operations in line with Vision 2030.

The properties include residential, commercial, industrial and institutional properties, read the notice signed by Nemuseso.

A general valuation roll is a legal document that consists of property information of all rateable properties within the boundaries of a municipality.

DUNGWIZA NEWS

Gvt revives Nyatsime Joint Committee

Published

4 months ago

September 5, 2024

Editor

By ALBERT MASAKA

LOCAL Government and Public Works minister Daniel Garwe has directed Chitungwiza mayor Rosaria Mangoma and Manyame Rural District Council chairperson to resuscitate the Manyame-Chitungwiza Joint Committee in order to resolve the long drawn housing saga.

Garwe said this today in Parliament while responding to a question from St Mary’s MP Brighton Mazhindu.

Mazhindu had asked the minister on the measures government was taking to ensure that residents who bought stands from Chitungwiza Municipality under the Nyatsime Housing scheme in 2007 will build their homes.

Several efforts by government have failed to resolve the issue that has led the area to be one of the most underdeveloped urban areas in the country with many people drowning while attempting to cross the river during the rain season.

“Whilst queries are duly directed to the Ministry, and the two Local Authorities in question (Chitungwiza Municipality and Manyame Rural District Council), the delays in addressing the issues emanating from Nyatsime are primarily due to the dormancy of the Manyame Chitungwiza Joint Committee.

Garwe said government will ensure that the Joint Committee functions in accordance with SI 211 of 2021.

The area under the Nyatsime Housing Scheme falls within a zone jointly managed by Chitungwiza Municipality and Manyame Rural District Council.

The six-member committee made up of three councillors from each local authority was set up by former minister of Local Government July Moyo in 2021.

The Committee’s primary purpose is to handle issues emanating from management of six farms which fall within shared territory of the two councils.

At law, the Minister of Local Government and Public Works may, in terms of Section 224 of the Urban Councils Act (Chapter 29:15), as read with Section 83 of the Rural District Councils Act [Chapter 29:13], establish a Joint Committee to look into the joint management of land or an area of joint interest.

The farms are Braemar, Longlands, Cawdor, Edinburg, Tantallon and Dunnottar.

“It is evident that the Joint Committee has not been dealing with issues such as the Nyatsime case, let alone siting, as expected.

“Whilst the Ministry stands ready to support the Joint Committee, it is the obligation of the Joint Committee to resolve issues raised by beneficiaries of the Nyatsime Housing Scheme since they fall within the boundaries of the farms stated in SI 211 of 2021” added Garwe.