Chiyangwa loses battle over land
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by 20 hours 26 minutes ago
THE compulsory acquisition for low-cost housing of 780 hectares in Harare
owned through two companies by Mr Phillip Chiyangwa has been confirmed by
the Administrative Court, allowing co-operatives already allocated land to
continue their developments.
Pinnacle Holdings and Jetmaster Properties, both owned by Mr Chiyangwa, had
contested the compulsory acquisition by the Government after they bought the
land from its previous owners, and had gone as far as issuing eviction
notices to the co-operatives and mounting advertising campaigns to
discourage others from joining the co-operatives.
But last week they lost the legal battle.
Administrative Court senior president Herbert Mandeya’s ruling saves 500
families, members of Chimurenga Pungwe Housing Co-operative, who were facing
eviction from Nyarungu Farm by Jetmaster.
The co-operative was allocated part of the land by the Government for
residential stands.
They had been served with eviction notices, but the eviction was stayed
pending the outcome of the State’s application for compulsory acquisition.
The State has the power to acquire urban land by compulsion for public
benefit, with the price set by what the land was being used for before the
compulsory purchase; so a farm would be valued as a farm and a block of
buildings needed for roadworks as buildings.
The ruling declared the properties as State land and those co-operatives
that had been allocated the land by Government for housing will now continue
with developments.
Mr Nelson Mutsonziwa from the Attorney-General’s Office appeared for the
Ministry of Lands and Rural Development while Advocate Lewis Uriri
represented the two companies.
Court President Mandeya ruled that Government had convinced the court that
the acquisition was to benefit the people who were struggling to own stands
or houses.
“It is this court’s view that the applicant (Government) has shown that it
is necessary to acquire the two respondents’ pieces of land for town
planning in the City of Harare, that is for providing shelter for the many
inhabitants of Harare who do not have their own accommodation.
“The acquisition of Nyarungu Estates measuring 193,4056 ha registered in the
name if Jetmaster Properties and the Remainder of Subdivision A of
Stoneridge measuring 586,8960 ha is confirmed,” ruled President Mandeya.
The court said the acquisition was for purposes beneficial to the public
while the two companies had the intention of making some profit.
“It is important to note that the legislation says ‘for a purpose beneficial
to the public generally or to any section of the public’.
“Emphasis is on catering for the public so that every citizen has a fair
chance of securing accommodation as opposed to catering for those with
substantial material resources.
“Is providing shelter aimed at recouping the costs involved plus some profit
or it is primarily aimed at creating the conditions that make it possible
for citizens to acquire for themselves shelter of their choice?
“The former applies to the respondents whereas the latter applies to the
applicants,” he said.
During the court hearing the two firms opposed acquisition on the basis that
they had bought the properties and that they were also capable of using the
land for providing shelter to the citizens.
Government conceded that Pinnacle and Jetmaster were capable of building
houses on those pieces of land but argued that the companies will not cater
for the low-income earning citizens because they were profit oriented.
Government further argued that its acquisition was not motivated by
commercial gain but ensuring that urban dwellers were accommodated in decent
housing.
Chimurenga Pungwe Housing Co-operative chairperson Mrs Concillia Dzitiro
welcomed the court ruling saying it had a bearing on their case.
“We welcome the development from the courts. Although we were not party to
the proceedings, the outcome is also to our advantage.
“We have not been able to permanently develop our stands for fear of the
legal battles, but this ruling has given us green light to confidently build
permanent structures.
“We want to thank the Government for allocating us the land in question and
we would develop it to meet the urban standards,” she said.
An attempt by Jetmaster to evict the families in June this year failed after
the lawyers resolved to wait for the Administrative Court’s ruling.
In the same month, the families demonstrated against the eviction and
barricaded roads leading to the settlement and Nyarungu Farm.
The members vowed not to surrender the land to Jetmaster.