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.

By ALBERT MASAKA/TSITSI MASHIRI

WISTMER Investments chairman Prophet Walter Magaya has allayed  fears expressed by some residents’ leaders that he was out to swindle residents by promising to end the perennial water woes that bedevil Chitungwiza, and improve service delivery in other  key sectors of the ailing municipality.

This follows reports that the government has engaged Wistmer in a bid to improve service delivery in Chitungwiza.

Magaya scoffed at allegations by some disgruntled residents that he was taking over the control of Chitungwiza.

“I want to assure Chitungwiza residents that we are going to provide a reliable supply of potable water, their challenges will be a thing of the past.

“I am passionate about developing my hometown Chitungwiza, I have invested in Harare and other parts of the country.

“My people-centred investments have also been welcomed in neighbouring countries and beyond.”

Local Government minister Daniel Garwe last week announced  that Wistmer was going to take charge of the town’s water provision, sewer reticulation, garbage collection, management and regularisation of settlements, businesses and markets.

Government is reported to be concerned  with the way  Chitungwiza council is managing its affairs and has intervened to increase its water supply capacity, amid current water woes dogging the town.

Wistmer has drilled and rehabilitated nearly 20 boreholes in the Manyame Rural District Council area that are also expected to supply Chitungwiza.

Meanwhile, residents interviewed by Dungwiza News have expressed hope that Magaya will deliver.

“I work up at 5 every day to fetch water before going to school,” said a 13-year-old girl from Ward 8.

“My stepmother said if I don’t do that, I won’t eat anything. So, I really thank Magaya for this. I’ll be able to focus on my studies more, and borehole marshalls won’t be able to take advantage of girls by abusing us in exchange for water,”  said a 13-year-old girl (name supplied) from Ward 8.

Ekina Sangare, a senior citizen from Ward 1,  a resident of Chitungwiza for over 25 years expressed her disappointment with the municipality’s failure to provide basic services.

 “But I’m happy that Prophet Magaya will resolve this issue. Most women in Chitungwiza suffer every day, fetching water and buying it for $1 per 4 buckets. It’s a heavy burden.”

Award-winning disability journalist Nyasha Nhau  welcomed the intervention  by the government.

“This is good news to my ears, such interventions make it easier for the disability sector to access water. All these years, the disability constituency has been neglected, suffering to access water. The residents should embrace Magaya because he has a spirit of service and is giving back to the community that groomed him.”