By ALBERT MASAKA

CHITUNGWIZA legislators on Tuesday grilled Local Government and Public Works Deputy Minister, Benjamin Kabikira over service delivery challenges plaguing the town with the MPs demanding answers from government on how it will address the sewer, town clerk and Nyatsime crises, a thorn in the flesh of residents for years.

In response, Kabikira said the government plans to make Chitungwiza Council a water authority to improve the town’s water supply and alleviate the sewer challenges.

“The Central Government is working on making Chitungwiza a water authority, which would improve the supply of water to the town and ultimately, alleviate the sewer problem,” he said.

St Mary’s legislator, Brighton Mazhindu, had asked the government if it had any strategies to address the persistent sewer blockages, and associated public health risks in Zengeza 1 and St Mary’s

Mazhindu expressed concerns on whether the council will succeed as in the past similar sewer pipe replacement projects it was currently carrying out had not produced results due to the lack of a consistent supply of water.

Kabikira had attributed the perennial sewer challenges to the lack of reticulated water and announced that Chitungwiza is set to benefit from the Kunzvi Dam project, which will improve water supply.

 “Chitungwiza is also set to benefit from Kunzvi Dam whereby supply of water to the town is expected to improve,” he said.

The Deputy Minister also revealed that the government was exploring public-private partnerships (PPPs) to address the sewer challenges.

However, Zengeza West MP, Innocent Zvaipa, raised concerns about effluent flowing into residents’ homes, making them uninhabitable.

“My question is, whilst the pipes are being fixed, how long is it going to take whilst people have this affluent flowing into their homes because homes have become inhabitable?” he asked.

Kabikira cited a lack of skilled workers and construction equipment as major challenges but promised to provide assistance.

“From the report that I am getting, I have been informed that we now have qualified staff and have enough staff. The other challenge that was there was that the construction equipment was not enough but as a Ministry, we bought yellow machines equipment which has been allocated to councils so that they solve the different challenges,” he said.

The MPs also grilled the Deputy Minister about the absence of a substantive Town Clerk in Chitungwiza for over a decade. Kabikira explained that due process must be followed, but Zvaipa disputed this, citing a court ruling that the Town Clerk and council cannot work together.

“So, for the Town Clerk to come back, it is not possible. It is now 10 years since the town clerk is not at work. As a Ministry, are there no other interventions that you can employ in order to assist the people so that another Town Clerk can be employed?” Zvaipa asked.

Kabikira said the Ministry has taken steps to resolve the issue and conclude the deliberations by asking Chitungwiza to avail all the communications between council and the Town Clerk.

“So, the Ministry wrote a letter to the council so that the council can furnish the Ministry with the severance package of the Town Clerk. So, we are still waiting for that communication and once we receive that letter, then we would expedite the successful completion of this issue,” he said.

Nyatsime Housing Scheme

Mazhindu also raised concerns about  the fate of thousands of beneficiaries of the Nyatsime Housing Scheme who purchased residential stands from Chitungwiza Municipality in 2007 but have yet to take occupation.

In response, Kabikira said that the scheme falls under the jurisdiction of both Chitungwiza Municipality and Manyame Rural District Council.

However, he confirmed  that the Nyatsime Housing Scheme falls within Longlands and Braemer farms, allocated to Chitungwiza Municipality for urban development.

“However, Chitungwiza  when the Municipality proceeded to develop a layout and subsequently allocated stands arising from the layout to various beneficiaries, the scheme suffered setbacks arising from litigation by two A2 farmers who had been previously allocated farming plots in Braemer.

“The Ministry, in its wisdom, then decided to constitute a Manyame-Chitungwiza Joint Committee with the intention of bringing sanity to the area. This is because part of the Nyatsime area falls under the jurisdiction of the Manyame Rural District Council in Mashonaland East Province,” he said.

However, currently the Joint Committee was no not active. Notwithstanding the role of the Joint Committee, Chitungwiza Municipality has remained committed to administering the Nyatsime Housing Scheme as provided under Section 205 (1) of the Urban Councils Act [Chapter 29:15], he said

The Deputy Minister said the Ministry was seized with the issue and will do its best to resolve these challenges and urged beneficiaries to approach both councils for assistance.

“The Chitungwiza Municipality has since called for beneficiaries to visit Council offices with a view to verifying beneficiaries as part of the process of identifying property owners under the scheme. The two planning authorities, that is, Chitungwiza Municipality and Manyame Rural District Council, are to address challenges relating to the land in question.

 “As the Ministry, it is also seized with the issue and will be assisting the Municipality of Chitungwiza to address all the outstanding challenges bedevilling the scheme. The legal functionaries within the Ministry, together with the Minister of Lands and the affected councils are working on navigating the legal hurdles in addressing the issues in Nyatsime.”

Zvaipa asked what will happen to those who bought the land that was now illegally occupied by others.

“The other issue that was raised by the Minister is that this is a joint programme between Manyame and Chitungwiza. I believe that this is not correct because the people bought from Chitungwiza Municipality without Manyame. However, if they are told to approach both Manyame and Chitungwiza, then they are being led astray. So, from the situation, the question is, do we have alternative land to allocate them?”

The deputy minister said government were seized that the issue, since it affected many people and has held several  meetings with the Chitungwiza and Manyame councils, to understand where the issue stands.

Flooding and Sewerage Issues

Mazhindu also asked about measures to address recurrent flooding in areas such as Manyame Park and the construction of houses along the Manyame River.

Kabikira said Chitungwiza is prosecuting those involved in illegal developments and plans to embark on regularization to remove settlements on riverbanks.

“Council is also planning to embark on regularisation, whereby those settled in areas that are not habitable, such as riverbanks will be removed. This will alleviate the problem caused by settlements on river banks,” he said.

Godfrey Sithole, Chitungwiza North MP, asked about a comprehensive report on addressing sewerage problems in Chitungwiza. Kabikira said the council is planning to embark on regularization and prosecution of those involved in illegal developments.

The government’s efforts to address the sewerage and flooding issues in Chitungwiza are ongoing, but the residents are eagerly awaiting tangible results. The parliamentary session served as a reminder of the need for urgent action to address the challenges facing the town.

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.

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.