The Sunday News
Munyaradzi Musiiwa and Thulani Ndlovu Sunday News Reporters
THE land ownership wrangle between Mahlaba Housing Programme (MHP) and Gamange Private Limited has taken a new twist after Government intervened and gazetted the land in question and immediately instructed the Ministry of Land and Rural Resettlement to commence the acquisition process.
In a letter written to the Registrar of Bulawayo High Court by Permanent Secretary in the Ministry of Land and Rural Resettlement, Mrs Sophia Tsvakwi, Government ordered Ministry of Lands and Rural Resettlement to compulsorily acquire the whole of subdivision L of Helenvale Block measuring 1 237 hectares.
“We wish to advise that this Ministry has received instructions to compulsorily acquire the whole of subdivision L of Helenvale block measuring 1237. 2717 hectares from the Ministry of Local Government, Public Works and National Housing for the purpose of urban development.
The ministry has since commenced the acquisition process for the said piece of land. The notice to gazette the piece of land shall appear in the Government Gazette and local newspapers in due course,” reads part of the letter.
On Friday, Bulawayo High Court Judge, Justice Maxwell Takuva granted a provisional order in an urgent chamber application filed by Gamange (Pvt) Ltd.
The ruling meant that MHP subsidiary, River Valley Properties (Pvt) Ltd, a property developer which had been developing the stands on the land in question on behalf of the Government, would immediately cease operations.
Justice Takuva granted an interim order in favour of Gamange (Pvt) Ltd and gave the Minister of Lands and Rural Resettlement ample time to regularise the process of compulsorily acquiring the piece of land.
“It is only on the return date of the application that the court will consider whether or not to grant the final relief sought by Appellant (Gamange),” said Justice Takuva
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.”
River Valley Properties has since appealed against Justice Takuva’s ruling at the Supreme Court thereby interdicting the initial provisional order issued by the High Court.
They made the application through their lawyer, Mr Nelson Mashizha of Sachikombe-Ushe legal practitioners.
The appeal reads: “The court a quo erred at law in granting the provisional order sought by Gamange (Pvt) Ltd when the matter was not urgent and when it is clear that the certificate of urgency was invalid such that there was no urgent chamber application before the court.
The court a quo erred at law by granting the order when it was clear that the relief sought by Gamange (Pvt) Ltd was the same both in the interim order and in the final order sought.
The court a quo (High Court) erred grossly at law on facts in holding that Gamange (Pvt) Ltd had established a prima facie right to the land in question in view of the latest development to the effect that the land in question had already been gazetted for compulsory acquisition by the Ministry of Lands and Rural Resettlement in the Government Gazette and published in the Chronicle Newspaper.”
However, Mr Josphat Tshuma of Webb Low and Barry Legal Practitioners, legal representative of Gamange (Pvt) Ltd alleged that the Minister of State for Provincial Affairs in Bulawayo, Cde Nomthandazo Eunice Moyo was behind gazetting of the land in dispute to “fraudulently” benefit MHP proprietors.
Mr Tshuma said they would oppose the acquisition of the land. “We will write a letter to the relevant ministry opposing the acquisition. If the ministry goes forward with the acquisition we will challenge the matter in the Administrative Court.”
“On Thursday we visited the site in dispute and the Surveyor-General assisted by Bulawayo City Council confirmed that the land that MHP is working on belongs to Gamange (Pvt) Ltd. Minister Moyo was aware that the developers were working on private land and in anticipation of the inevitable, she moved to gazette the land.”
He added: “The gazetting is very malicious and seeks to deprive a black man his property. It is against the spirit of the land redistribution. The ministry does not want to acquire the land for agricultural purposes but for residential purposes. Gamange has the licence to develop the land into residential stands, and they were in the process, so why would State want to acquire the land for the same purpose and give it to private individuals?” he asked.
“The circumstances of the gazetting have nothing to do with public interest or the interest of the civil servants but interests of the developers who want to line their pockets with civil servants’ hard earned money.”
