The ManicaPost
Lovemore Kadzura
Rusape Correspondent
Rusape Town Council’s decision to sell non-existent stands to the public has come back to haunt the local authority after its service delivery vehicles were put on notice of attachment early this week.
Several essential vehicles such as two refuse compactors, a grader, an NP300 truck, an Isuzu truck and a Foton double cab were on Tuesday identified by the Messenger of Court for attachment.
The council was taken to court by Mr Herbert Makani and Mr Tanaka George who appeared separately before Rusape magistrate, Ms Rufaro Mangwiro.
Ms Mangwiro ordered Rusape Town Council to allocate the duo their stands.
The duo’s lawyer, Mr Taurai Khupe, has since written to the council demanding a payment of US$19 000 for each of his clients.
In separate applications at the Rusape Civil Court, Mr Makani and Mr George, through Mr Khupe, said the council has been evasive over the stands despite receiving full payment in 2008.
Mr Khupe stated that Rusape Town Council made commitments to avail the stands in writing, but later ignored correspondence from his clients.
In its defence, Rusape Town Council argued that the two did not buy the stands, adding that the money paid was for them to be added on the housing waiting list.
However, the receipts produced in court showed the stand numbers that had been allocated to Mr Makani and Mr George.
After hearing the case, Ms Mangwiro ruled in Mr Makani and Mr George’s favour.
In an interview with The Manica Post, Rusape Town Council acting Town Secretary, Mr Faniseni Shuwa said they are working round the clock to allocate stands to Mr Makani and Mr George.
He said council property is safe from attachment.
He, however, disputed the amounts being demanded by the two.
“We have legacy issues pertaining to the issue of stands dating back to 2007. We are complying with the court ruling and we are in the process of identifying stands for Mr Makani and Mr George. We have up to May 29 to settle the matter. Council is in the process of compensating all the people who were not allocated their stands. We are also dealing with the issue of double allocation of the stands.
“Our lawyers are engaging the two, especially on the issue of the US$19 000 they are demanding per each stand. Our property will not be attached as we are complying with the order.
“There are a lot of people with similar cases which emanated from Magamba Extension which was oversubscribed. Council failed to allocate a stand to every applicant.
“People must be patient with us as we have run out of land for expansion. We are negotiating with Government for more land and the few stands we have are simply not enough for everyone,” said Mr Shuwa.
