The ManicaPost
Lovemore Kadzura
Rusape Correspondent
THE on-going construction of the multi-million dollar Maire Sport High Performance Centre has hit a snag, with Makoni Rural District Council battling to remove illegal settlers to pave way for the development of the first of its kind facility in the country.
Five remaining squatters are allegedly refusing to vacate the land, forcing MRDC to approach the courts seeking an eviction order against them.
MRDC entered into an agreement with the Sports Leaders Institute of Zimbabwe to construct the US$60 million centre, with the local authority undertaking to provide land for the project and holds 30 percent stake in the project.
MRDC has dragged five squatters, Milton Juma, Joshua Misindo, Angeline Mariko, Markington Mupazi and Tinashe Mushamaenza to court, arguing that they were illegally occupying the land.
The council represented by Walter Mangwende of Chigadza and Associates in court papers submitted at the Rusape Civil Court argued that the squatters were claiming that they were allocated the land by traditional leaders who do not have jurisdiction over resettlement land.
“The Applicant (MRDC) by virtue of being the administrative authority, the regulating and planning authority for Makoni Rural District, has the jurisdiction over commercial and resettlement area. It has mandate to lease orderly the settlement structures and relocation scheme in the aforesaid areas. Village 54, Nemaire Resettlement is resettlement land administered by the applicant.
“All the respondents proceeded to allocate themselves plots in that area without any lawful authority. None of the respondents has a lease or land settlement permit. The irregular allocation of land is therefore illegal and respondents are squatters. They are contravening the Gazetted Consequential Lands Act, Section 3.
“MRDC has given the respondents several notices to vacate the place, but they have refused or neglected to do so, claiming that they are lawful occupants. They further claim that they were settled by the chief and traditional leaders. The applicant on several occasions advised them that traditional leaders do not have authority to allocate land in resettlement areas, but they insisted that they are the lawful occupants.”
Mangwende said MRDC entered into partnership with Sports Leaders Institute in relation to the land in question.
“Amongst its obligation to partnership, MRDC was to provide land for building and developing a sports centre in Makoni Rural District. Respondents are in illegal occupation of the land in question and have no legal right to the same. They are hindering the applicant from completing its obligation to a contract as the respondents unlawfully inhabit resettlement land without permit, offer letter or lease agreement from any Government department,” read part of the application.
The matter could not be heard last week as the respondents told magistrate, Rufaro Mangwiro that their lawyers from Zimbabwe Lawyers for Human Rights would file opposing papers on their behalf.
They had not done so by the time of going to print.
