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

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.