Rusape's Move To Sell Non-existent Residential Stands Backfires, 14 Years Later
Rusape Town Council risks losing several essential vehicles after they were put on notice of attachment early this week by a magistrate after the local authority failed to avail residential stands to residents who had paid for them.
Two residents, Herbert Makani and Tanaka George dragged Rusape Town Council to court for allegedly selling them non-existent stands.
On Tuesday, the Messenger of Court identified the local authority’s two refuse compactors, a grader, an NP300 truck, an Isuzu truck and a Foton double cab for attachment.
Makani and George appeared separately before Rusape magistrate Rufaro Mangwiro.
The magistrate ordered Rusape Town Council to allocate the duo their stands.
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In separate applications at the Rusape Civil Court, Makani and George, through their lawyer Taurai Khupe, said the council has failed to allocate them the stands despite receiving full payment in 2008.
In its defence, Rusape Town Council argued that the two did not buy the stands but paid some money for them to be added to the housing waiting list.
However, the receipts produced in court revealed the stand numbers that had been allocated to Makani and George.
Mangwiro, who presided over the case ruled in Makani and George’s favour.
Rusape Town Council acting Town Secretary, Faniseni Shuwa told The Manica Post that council property would not be attached, saying they are complying with the court order.
Shuwa, however, disputed the US$19 000 that Makani and George are each demanding for their stands. Said Shuwa:
We have legacy issues pertaining to the issue of stands dating back to 2007. We are complying with the court ruling and we are in the process of identifying stands for Mr Makani and Mr George.
We have up to May 29 to settle the matter. Council is in the process of compensating all the people who were not allocated their stands. We are also dealing with the issue of double allocation of the stands.
Our lawyers are engaging the two, especially on the issue of the US$19 000 they are demanding per each stand. Our property will not be attached as we are complying with the order.
There are a lot of people with similar cases which emanated from Magamba Extension which was oversubscribed. Council failed to allocate a stand to every applicant.
People must be patient with us as we have run out of land for expansion. We are negotiating with Government for more land and the few stands we have are simply not enough for everyone.
