Source: The Chronicle – Breaking news
Mashudu Netsianda, Mashudu.netsianda@chronicle.co.zw
THE High Court in Bulawayo has given Umguza Rural District Council a 30-day ultimatum to make a decision regarding the ongoing land wrangle pitting the Apostolic Faith Church of Portland Oregon and a villager in Ntabazinduna.
The ruling by Justice Maxwell Takuva follows an application by the Apostolic Faith Church of Portland Oregon which is accusing Mr Douglas Ndiweni of Ntabazinduna of illegally setting up a homestead on its land.
The United States-headquartered church is also accusing Umguza RDC, cited as a respondent, of deliberately delaying approving its building plan for the construction of a church in Ntabazinduna.
In his judgment, Justice Takuva ordered the local authority to make a written decision regarding the church’s application for an allotment of the disputed land located in Khaisa Line in Ward 6 under Umguza RDC within 30 days.
“It is ordered that the respondent (Umguza RDC) be and hereby directed to make a written decision and provide reasons regarding the applicant’s application for an allotment of land namely the proposed church stand for the Apostolic Faith Church of Portland Oregon in Khaisa Line, Ntabazinduna under Umguza RDC within 30 days of receipt of this order,” ruled the judge.
Justice Takuva also ordered Umguza RDC to pay the legal costs incurred by the church.
He said the local authority was aware that the Apostolic Faith Church of Portland Oregon’s application was for land to build a church.
“In light of this, it becomes surprising that the respondent claims that a decision has already been made and that the decision was to offer the applicant a stand which it turned down. I note that Umguza RDC did not attach any documentation to corroborate this alleged offer to the applicant nor the applicant’s refusal of that offer,” said Justice Takuva.
The judge said Umguza RDC’s failure to comply with Section 3 of the Administrative Act is unreasonable and a violation of the church’s rights in terms of Section 68 of the Constitution.
The church said it was allocated the stand by the traditional leadership of Ntabazinduna in 2017.
The church, through its lawyers James, Moyo-Majwabu and Nyoni Legal Practitioners, filed an application at the Bulawayo High Court citing Umguza RDC and Mr Douglas Ndiweni as respondents.
The church, which is being represented by its Bulawayo provincial secretary, Mr Caleb Chidakwa, sought an order permanently interdicting Mr Ndiweni from constructing any structure on its stand in Ward Six in Ntabazinduna under Chief Ndiweni area in Umguza District.
The church also wants the court to direct Umguza RDC to grant it permission to put up a building on the disputed piece of land.
In his founding affidavit, Mr Chidakwa said their application for a church stand was accepted by the then Chief Felix Nhlanhlayamangwe Ndiweni who has since been dethroned and a local headman only identified as Mr N Ncube in court papers.
Mr Chidakwa said following an offer letter dated May 5, 2017, a site plan was prepared by the Department of Physical Planning in the Ministry of Local Government and Public Works. He said the plan was handed over to Umguza RDC last year in October.
“Despite having received the application, Umguza RDC failed to process and grant its approval to our building plans.
On 4 June, 2020, the church instructed its lawyers to write a letter to Umguza RDC inquiring about the application but there was no response,” said Mr Chidakwa.
“A number of phone calls were subsequently made by our lawyers, but again there was no favourable response from the council because the person handling the matter, one Engineer Masocha was not available at the time.”
Mr Chidakwa said when the council eventually responded to their letter, it advised the church that is would act on its application but nothing to date has come up.
“It is important to point out that since 2017, the church has been paying the annual renewal fees for the stand and the last payment was done in July 2021. There is no good reason why Umguza RDC has not approved our application for a church stand given that we had submitted the building plans, site plan and diagrams,” he said.
“No reason has been given for this inordinate delay in approving the application which was sanctioned by the traditional leadership way back in 2017.”
Mr Chidakwa argued that due to the unexplained delay in processing the application, Mr Ndiweni, who was cited as a second respondent, is now taking advantage of the vacuum in decision making by Umguza RDC.
Older Post
Chitown residents demand rates review
COMMENTS