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.”

… cllrs recuse themselves, 12 remain at the end

By ALBERT MASAKA

FIREWORKS erupted during yesterday’s special meeting where Chitungwiza  councillors blocked a tender for the town’s valuation roll exercise that was controversially awarded to Grosbrook Real Estate accusing the under fire  acting town clerk Japson Nemuseso and his managers of not following due process.

According to sources, the councillors also queried the amount of $780 000 that council had agreed to pay Grosbrook, which they believe was  inflated and resolved to set up a commission of enquiry to investigate the issue.

Many councillors especially from the audit committee ended up walking out of the stormy meeting with some recusing themselves.

Nemuseso is reported to have admitted  that the figure has initially shocked him but could not give a convincing statement on why he later signed the contract, without the knowledge of the mayor Rosario Mangoma and her councillors.

“It was a very tense meeting, some people had to recuse themselves, this was  after a proposal was made by a councillor  that the tender be cancelled and then be re-tendered because of the exorbitant fees. Research from other local authorities such as  Chinhoyi and Marondera show the figures to be around $55 000 against our figure of $780 000.

“The recommendation sailed through, we went further to call for the setting up of a committee to investigate how this came about. Curiously this led to a lot of councilors names supplied recusing themselves and walking out somewhat in protest.”

“But we stuck to our guns, how can we justify such controversial decisions when are are failing to deliver  and paying workers, this is taxpayers’ money at stake.”  

 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 municipality advised residents to allow officials from Grosbrook Real Estate P/L access into their properties for valuation purposes.

“To that end, Council has engaged Grosbrook Real Estate P/L to undertake this important exercise. Valuation officers from Grosbrook Real Estate P/L will be visiting your properties for inspection and assessment from June 24, 2024 for purposes of preparing a general valuation roll for the Municipality.” part of the notice read.

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.

A property valuation report is given to the property owner to indicate the condition of the house and how much it is worth in the market. The report helps a buyer as well as a seller in assessing the value of a property. Based on the property valuation reports, you can estimate the price of your property.

Chitungwiza  public relations officer Tafadzwa Kachiko who last week said he had never seen any newspaper  inquiring on the valuation roll figures elsewhere,  promised to come back with a response on the latest development.

Mangoma yesterday had referred all questions to Kachiko

More details to follow