High Court Refers Seke Land Dispute Back To Traditional Leaders, Manyame RDC

The High Court has directed a Harare man, Christopher Chibage, to settle his dispute with former MP Hubert Nyanhongo through Chief Seke, the area’s headman, village heads and Manyame Rural District Council.

Chibage, represented by Brian Kashangura, had gone to court seeking an interdict against Nyanhongo.

He was suing Nyanhongo, Manyame RDC, Nelson Mandari, Benny Mutekenyedze, Golden Mupani, Vengai Chanakira, Gilbert Chanakira, Gift Chanakira, Fungai Chanakira and Edwin Chanakira.

He filed for an eviction order to remove the respondents from communal land in Jaure village and asked for the demolition of structures built there.

According to court papers, Chibage is the village head of Jaure village. The case concerns the boundary between Jaure village and Chanakira village in Seke district.

Chibage said the respondents claimed the land was allocated to them by the Chanakira village head to build their homesteads.

A dispute followed, with Chibage arguing the communal land is not part of Chanakira village but falls under Jaure village.

The dispute went to the Seke Community Court, which ruled that the land was under the custodianship of Jaure village. The traditional court also ordered that all unlawful structures on the land should be demolished.

That decision by the Seke Community Court still stands and has not been challenged.

Chibage said that despite the ruling, the respondents illegally sold the communal land and buyers built structures on it.

He also argued that Manyame RDC should have demolished the structures and restored the land to its original state.

The enforcement orders took effect on 27 July 2022 and remain in force and unchallenged.

He added that, despite the Community Court’s ruling and the enforcement orders, the respondents are still on the land and the illegal structures remain.

However, High Court judge Justice Joel Mambara struck the matter off the roll and sent it back to Manyame RDC to resolve.

The council was ordered to work with traditional leaders in the area and resolve the matter within 30 days of receiving the order.

“The parties are hereby directed to obtain the relevant maps/diagrams for the area in issue from the Local Government and Public Works ministry for use during this exercise,” Justice Mambara said.

“The Manyame Rural District Council shall issue a determination on this matter.”

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