Over 500 families face eviction
Tuesday, 14 June 2011 22:56
By Daniel Nemukuyu
OVER 500 families face eviction from Nyarungu Farm in Waterfalls, Harare, where they have
lived for 11 years amid reports that the property belongs to Jetmaster Properties owned
by businessman Mr Philip Chiyangwa.
Jetmaster – a sister company to Pinnacle Properties – claims to have bought the land.
However, the 517 Chimurenga Pungwe Housing Co-operative members say the Government
allocated them the land after its compulsory acquisition last year.
A bid by the deputy sheriff to evict the families yesterday hit a snag after lawyers representing
the housing co-operative – Robson and Makonyere – filed an urgent chamber application for stay
of execution of the judgment.
The eviction order was served on the occupants last week.
Eviction proceedings were instituted while the State’s application for confirmation of the
acquisition of the land was yet to be determined at the Administrative Court.
There was drama at the farm yesterday when the settlers demonstrated against the eviction.
Roads leading to the settlement were barricaded, making it difficult for the police and the deputy
sheriff’s staff to leave.
Workers from the deputy sheriff’s office were in a white lorry while the police were following
behind in a white Land Rover Defender.
The crowd vowed not to surrender the land to Jetmaster.
Judge President George Chiweshe is expected to hear the urgent application in his chambers
on Monday at the High Court.
In the chamber application, it was stated that the co-operative members occupied Nyarungu
Farm in 2000 and registered the co-operative in July 2001.
A founding affidavit by the co-operative chairperson Ms Concillia Dzitiro states that in 2002,
Harare City Council later subdivided the land into residential stands.
Ms Dzitiro said the co-operative then partnered with a property developer called Amalish
Properties to service the land and work immediately started.
In 2008, she said, council granted the members permission to put up temporary structures and
most of them have built houses.
Around 2005, it is stated, Jetmaster contested the occupation of the land and a judgment was
granted in its favour.
Before the families were evicted, Government compulsorily acquired the same farm and
allocated it to the co-operative for resettlement.
The Ministry of Lands and Rural Resettlement made an application for confirmation of the
acquisition of the land at the Administrative Court and the ruling is still pending.
“I submit that the occupants are the bona-fide occupants of the land in question because the
land was legally allocated to them under the Land Acquisition Act Chapter 20:10.
“I further submit that it would be against the call of justice and public interest to eject such a
large number of families of low-income earners as this would cause innumerable problems
associated with destitution,” said Ms Dzitiro.