The Sunday News
Thulani Ndlovu Sunday News Correspondent
A PROPERTY consortium is involved in a messy fight over the control of a piece of land in Cowdray Park where thousands of residential stands have been sold to civil servants.The stands are being sold by River Valley Estates Properties on behalf of Mahlaba Housing Programme (MHP).
However, a city businessman, Mr John Sibanda, has dragged MHP to court for “clandestinely stealing his land”.
The dispute could result in civil servants losing their housing stands.
River Valley Estates is selling residential stands exclusively to civil servants.
When Sunday News visited the company’s offices, civil servants could be seen queuing to buy the residential stands.
In terms of the agreement, civil servants are expected to make contributions towards the servicing of the stand at a price of $6 500. The beneficiary would then pay the amount in $50 monthly instalments.
According to court papers seen by Sunday News, Mr Sibanda, who purports to be Minister of Justice, Legal and Parliamentary Affairs Cde Emmerson Mnangagwa’s nephew, alleges that he owns the 1 237,2 hectare land in dispute under deed of transfer number 2264/85.
Mr Sibanda, through his property company Gamange (Pvt) Ltd, filed an urgent chamber application last week, interdicting the owner of MHP, Gweru businesswoman Ms Smelly Dube, her business partner Mr Limukani Sibanda, Minister of State for Provincial Affairs in Bulawayo Cde Eunice Moyo and the Surveyor-General.
The sought order reads: “It is declared that subdivision L in extent of 1 237, 2717 held under deed of transfer number 2264/85 is owned by Gamange.
“It is further declared that any offer letter, permit, lease or agreement of sale in respect of or allocation of the land or any portion thereof, or any plan or programme of development issued by or drawn by MHP in respect of the land or any steps whatsoever taken by the respondents or parties acting with its authority or at its invitations is invalid and of no force or effect.”
Mr Sibanda accused the owner of MHP, Gweru businesswoman and property developer Ms Smelly Dube of clandestinely stealing his land in cahoots with Mr Limukani Sibanda to establish a vehicle that sells residential stands to civil servants.
He told the court that he reported at the Bulawayo Criminal Investigations Department and Luveve Police Station that people were trespassing on his land but the police refused to interfere, advising him that the case was a civil matter.
Mr Sibanda resolved to settle the matter at ministerial level.
“I approached the Minister of Justice and explained the situation. The Minister of Justice wrote to the Surveyor-General to request his assistance but nothing has come out of that endeavour,” he said.
Ms Dube, through her lawyer Mr Nelson Mashizha of Sachikonye and Ushe Legal Practitioners, refuted the allegations, accusing Mr Sibanda of deliberately misleading the court and said the land in question was State land, not private land.
“On 14 March 2000 the City of Bulawayo acting in terms of Section 151 of the Urban Councils Act read with Section 8 of the Land Acquisition Act expropriated the land in question, turning into State land,” said Mr Mashizha.
“Dube was given an offer letter, which we are in possession of, by the Minister of State through Okuhle Housing Consortium. Out of 1 237,2117 hectares, the State acquired 670 hectares which is about half of the land in dispute. However, we have not encroached on the other half and we do not have any intention of doing so.”
The court papers submitted at the High Court include a letter dated 29 April 2014 with a letter head and official stamp of the Ministry of Justice, Legal and Parliamentary Affairs signed by Minister Mnangagwa, directing the surveyor-general to help his nephew (Sibanda) get back his land back.
“I write dear, surveyor general to refer to you my nephew, Mr J M Sibanda, who owns a property in Bulawayo district which has been granted a development permit number BYO/METRO/1106,” reads the letter.
“However, there has been encroachment on the above mentioned property by the so-called Mahlaba Housing Programme trading as River Valley Properties which has no title deeds to this property and is fraudulently parcelling out and selling stands which are on Mr Sibanda’s property.
“Mr Sibanda has, in turn, checked with the deeds registry and found no evidence of their (MHP) title and authority to market the stands which are on Mr JM Sibanda’s property which he holds title to.
“I, therefore, request you as surveyor-general of the Republic of Zimbabwe to assist him to assert his right of ownership to the property proved by the title deed he holds and development number BYO/METRO/11/06 and in any other way you deem fit to enable him to continue with his development programme without hindrance.”
Mr Mashizha dismissed the letter and accused Mr Sibanda of seeking political protection in a legal matter.
“The letter written by the minister is a non-issue; . . . the letter is unlawful on the grounds that a high ranking official directs a junior official to make his family members an unlawful favour.”
Bulawayo High Court Judge, Justice Maxwell Takuva is set to rule on the matter tomorrow.
