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Chitungwiza Town Clerk exposes July Moyo over contempt of court

By Nyashadzashe Ndoro | Nehanda Courts |

Chitungwiza acting Town Clerk Evangelista Machona has put the blame on Local Government Minister July Moyo after she was sued by a Harare-based company for contempt of a High Court order in connection with allocation of land, Nehanda Radio can reveal.

Local Government, Public Works and National Housing Minister, July Moyo
Local Government, Public Works and National Housing Minister, July Moyo

According to the documents seen by Nehanda Radio, Peyama Investments claims that sometime in 2008 it was allocated by the Chitungwiza Municipality a certain piece of land measuring 38 505 square metres called Stand 19744 Seke Chitungwiza, which stand is allocated at Chitungwiza Town Centre. The land was fully serviced commercial stand and the applicant made payment thereof.

The company added that “later on, the Municipality repossessed the stand purportedly on grounds that the stand had been reserved for use as a car park.”

This prompted the applicant to approach the court leading to a High Court judgement dated 13 November 2019 by Justice Benjamin Chikowero that;

“the respondents (Chitungwiza Municipality and its Housing Director) be and is hereby compelled to allocate and transfer land measuring 38505 square metres to the applicant whose monetary value is contained in 1st Respondent’s 2018 budget within 48 hours of granting this order.”

But up to now, Chitungwiza Municipality has not yet compensated Peyama Investments leading to the company suing current Town Clerk Machona.

In a letter seen by Nehanda Radio directed to the Local Government Ministry, Peyama Investments claimed, after being sued, Machona shifted the blame on to the Ministry.

The company had sued the Town Clerk for contempt of court after her administration failed to allocate the land within the stipulated 48 hours. 

“Reference is made to the above matter wherein we represent Peyama Investments (Private) Limited.

“In the matter, our client is suing the Chitungwiza Municipality Acting Town Clerk for Contempt of Court in connection with her resistance to the implementation of the court order which we attached hereto and marked “A”.

“As you should be aware, you were cited as the fifth respondent in the court order aforementioned.

“In opposing our application, the Chitungwiza Acting Town Clerk has suggested that her Municipality has done everything it needs to do to comply with the court order and what remains to be done is for your Ministry to identify suitable land for compensation to our client.

“We note that your Ministry approved allocation of land to our client on the 25th November 2020.

“Since considerable time has lapsed since the approval, we kindly request you do the actual allocation of land to our client without further delay,” read a letter dated April 6, written by the company’s lawyers of the Kwenda and Chagwiza Attorneys Law. Nehanda Radio