High Court judge Justice Regis Dembure has given Brickstone Builders and Contractors, the land developer in question, seven days to vacate the disputed piece of land. The ruling states that Brickstone has no legal right to be there.
The company, Brickstone Builders and Contractors, has alleged links to the ruling Zanu PF party through its directors, Spencer Mabheka and Lilian Chitanga. Both Mabheka and Chitanga are currently facing separate charges of fraud and forgery, accused of defrauding the Harare City Council of 51 stands.
Justice Dembure’s ruling hinged on the fact that Brickstone Builders and Contractors lacked the necessary legal documentation to justify their occupation and development of the land. The judge found that the company possessed no valid lease, allocation letters, or a council resolution authorising their activities, all of which are mandated under section 152(2) of the City of Harare Act.
The court order explicitly states: “The defendant and all those claiming occupation through it shall vacate stand 19156 Salisbury Township Lands (Municipal Plot) registered under Deed of Grant No 10907 and also known as stands 18991 and 19042 Belvedere Township, Harare within seven days of this order.”
Furthermore, the ruling authorises the Sheriff of Zimbabwe, or their lawful deputy, to remove Brickstone Builders and Contractors and anyone claiming rights through them, should they fail to comply with the order within the stipulated timeframe.
The judgment reads, “In the event that the defendant fails to comply with paragraph 1 above, the sheriff of Zimbabwe or his lawful deputy is hereby directed and authorised to evict the defendant and all those claiming occupation of the land.”
Last year, award-winning investigative journalist, Hopewell Chin’ono wrote the following on his Facebook account pertaining to these illegal stands:
“Meet Spencer Mabeka, the land baron who sold land illegally, leading to properties built on that land being demolished! You all saw the properties illegally built in Harare being torn down, and you also saw how ZANUPF stepped yesterday to stop the demolitions. Many have questioned why the law was applied selectively, it is because the land baron who sold the land illegally is ZANUPF! Land barons are ZANUPF! This man and his accomplice sold 45 plots of land for between US$25,000 and US$40,000 each, raking in millions of dollars.“
During court proceedings, Edgar Dzehonye, a housing development officer for the City of Harare, provided detailed testimony on how Brickstone Builders and Contractors had illegally seized the stands and subsequently sold them to unsuspecting home-seekers.
Dzehonye emphasised the importance of adhering to proper procedures when acquiring land from the council, stating, “From their testimony, it was clear that for one to claim to have authority from council or permission to occupy any land, there must be a written council resolution and that the mandatory procedure outlined in s152(2) of the Act is complied with.” He further noted that “The defendant did not challenge the evidence on the proper procedure for acquiring authority to occupy or to be allocated land by the plaintiff or council in cross-examination.”
Brickstone Builders and Contractors, however, challenged the council’s actions in court, claiming that the company had been allocated the land by the Ministry of Local Government and Public Works. To support their claim, they presented a letter purportedly from the ministry, signed by a Mr Madzivire. However, the court later determined that the letter was a forgery.
Shingirayi Mushamba, the chief director of spatial planning, distanced the ministry from the alleged allocation of council land to Brickstone Builders and Contractors.
The issue of demolitions has been a contentious one, with the central government previously condemning the Harare City Council’s actions. Justice Minister Ziyambi Ziyambi accused the local authority of destroying houses without a valid court order. Local Government Minister Daniel Garwe issued a statement instructing the council to cease the demolitions.
The situation has left many unsuspecting stand buyers in a precarious position. It is estimated that they stand to lose over US$1.5 million as the City of Harare is expected to repossess the land and allocate it to individuals on the city’s housing waiting list.
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