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 AFTER escaping investigation by the City of Harare over an alleged land scam involving several Zanu PF officials, Minister of Local Government and Urban Development, Ignatius Chombo (pictured) is facing a lawsuit from residents, who accuse him of corruptly allocating himself land.
The piece of land in question is Number 61 Helensvale, which in 1994 was declared as public open space for recreation, but was later allocated to Chombo’s company Harvest-Net Enterprises (Pvt) Ltd.
Harare residents, frustrated by the failure of the council probe to reach a logical conclusion because of alleged political interference, last week started a process that will culminate in class action against Chombo.
The case was lodged with the Harare magistrates’ court on Thursday, according to papers seen by The Standard.
Combined Harare Residents’ Association (CHRA) are using part of the evidence gathered by a special council committee investigating the alleged corrupt land deals that had recommended that Chombo and controversial businessman Phillip Chiyangwa be arrested.
In his founding affidavit CHRA chairman Simbarashe Moyo states that after the 1994 decree a number of organisations and individuals applied for the piece of land and were turned down.
Among these was World Ablaze Ministries, which applied for the land in 2006.
After the appointment of caretaker councillors, Chombo’s company applied for the same land the same year.
Documents at hand show that the application was made on December 13 2006 and the council only stamped it more than a year later on December 22 2007.
In the letter, Chombo sought to change the land from its stipulated use to allow him to build residential cluster houses.
Moyo further states that on March 21 2008, City of Harare urban planning director Psychology Chiwanga tabled a report on Chombo’s application recommending that the land be sold to the minister without going to tender.
This, Moyo says was in contravention of council policy and section 152 of the Urban Councils Act.
“Three days later the caretaker council urgently sat solely to discuss the sale of this stand for Z$23 486 800 000 000 without following procedures and the Urban Councils Act,” Moyo’s affidavit reads.
Council minutes of the day read: “The director of urban planning services was recommending that the stand be allocated to the applicant notwithstanding council policy to dispose of such stands through tender.”
Three days after the council had approved the sale of the stand, Chombo’s ministry then approved that the land be changed from public open recreational space to a residential area.
“I am pleased to inform you that the Minister of Local Government, Public Works and Urban Development has approved your above application,” reads a letter from an M Gandiwa, the director of physical planning in Chombo’s ministry.
However, on August 29 the same year Chiwanga wrote to the finance director informing him that the stand, which measures 193 716 square metres had been sold for Z$2 324,68.
It is Moyo’s contention that Chombo connived with the caretaker commission and abused his office to acquire and change the stipulated land use to suite his own purposes.
In return, Moyo alleges that Chombo turned a blind eye when caretaker councilors awarded themselves huge tracts of land.
He states that Sekesai Makwavarara allocated herself Number 19233 Salisbury Township, measuring 831 square metres, while Shasha Jogi got stand Number 19280 Salisbury Township, measuring 40371 square metres.
Robson Mafoti acquired Stand 400 Willowvale measuring 6 420 square metres, Commissioner T Torongo got stand 405 Willowvale, which is 4 404 square metres.
Commissioners M Mahachi and C Mhende also got land in Glen Lorne and Harare Township.
Moyo claims that these stands were unprocedurally allocated to the councilors.
This case is likely to open a can of worms into how land is bought from the city council, after the municipality decided to shelve an investigation into the minster’s land dealings.
BY NQABA MATSHAZI
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