Nyatsime housing beneficiaries plot to sue Chitungwiza over stands

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.