Marondera town clerk, Rinashe Nyamuzihwa, is facing growing pressure after court papers exposed what has been described as systematic incompetence, gross negligence and disregard for the law in the contentious Elmswood Farm land allocations.
According to an answering affidavit filed by war veteran John Fadzisayi Jani, who legally owns the disputed Elmswood Farm, the municipality under Nyamuzihwa’s stewardship has been parcelling out unserviced stands on land that remains privately owned and is still before the courts.
Last month Jani approached the High Court, suing Marondera Municipality, Nyamuzihwa and the mayor Chengetai Murova seeking an urgent order to stop the illegal occupation and allocation of his land.
The council dismissed the war veteran’s claims.
However, last week Jani responded outlining that under Zimbabwean law, the withdrawal of an offer letter must be initiated by the president followed by a clear handover process from the Lands ministry to the Local Government ministry before passing to a local authority.
“This is what we call due process,” Jani noted. “There is no indication that it was ever done, yet the respondents knew of the illegality of their actions.”
Despite this, Nyamuzihwa, who is the third responded; allegedly directed home seekers to continue building at Elmswood, even as the matter remains sub judice.
The municipality is accused of relying on a forged offer letter dated September 16, 2015.
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Jani argued that even if it were genuine, the document would still be null and void ab initio since the farm falls under the Agriculture ministry’s jurisdiction.
Further compounding the confusion, respondents are said to have misrepresented the land size, claiming 866 hectares, while the official court application pertains to 468,4 hectares.
Jani described this as deliberate misrepresentation designed to muddy the legal waters.
The affidavit accuses Nyamuzihwa and his office of making “reckless and grossly negligent decisions” to the detriment of the applicant.
“The level of incompetence and lack of knowledge on obvious issues, which are res ipsa loquitur (the matter speaks for itself), leaves the respondents with no reputation to protect. Their acts are shocking to say the least,” read the court filing.
Legal experts warn that the directive encouraging families to build on disputed land, in defiance of court processes, could amount to contempt of court and expose the municipality to further litigation.
Several families have already built cottages on the farm, raising fears that if the court rules in Jani’s favour, they could face eviction and financial loss.
“This kind of incompetence does not just undermine the law, it destroys livelihoods,” said a Harare-based property lawyer.
“Home seekers are being misled into investing on land that is not legally theirs.”
The revelations come at a time when the government is intensifying its anti-corruption campaign.
Marondera Municipality in its opposing affidavit had dismissed Jani’s claims of being owner of the farm.
“The applicant is not the owner of the property in question more particularly in that the government of Zimbabwe acquired a farm in Marondera measuring 866 hectares known as Lot 1 Elmeswood Farm under article 277/200 in the Government Gazette, which was later gazetted in July 2001, General Notice 330A/2002,” the council claimed.
“The farm was handed over to the Ministry of Land, Agriculture, Water, Fisheries and Rural Development who further handed it over to the Local Government, Public Works and National Housing who then ultimately handed on the remainder of Elmeswood Farm to the first respondent….”
Jani said the developments were frustrating his vision to transform the farm into a modern smart city, which he said is aligned with Zimbabwe’s Vision 2030 agenda and has attracted both foreign and local investors ready to commit millions of dollars.
The planned development would feature digital housing systems, renewable energy, smart water and waste management, and modern infrastructure designed to ease congestion while creating thousands of jobs.
Meanwhile, critics said Marondera Municipality’s handling of Elmswood stands was not only a violation of the Urban Planning Act, but also a betrayal of President Emmerson Mnangagwa’s Vision 2030, which seeks to provide serviced, legal housing stands across the country.
Civil society organisations have since called for the Zimbabwe Anti-Corruption Commission to investigate the matter, arguing that Marondera’s housing programme has been compromised by incompetence and potential corruption.
