A PROPERTY developer, Rant du Toit, says it is ready to engage the Municipality of Marondera to map the way forward after the court ruled that the local authority had illegally occupied Elmswood Farm.
The municipality moved onto the farm, pegged residential stands, and sold them to desperate home-seekers, prompting Swandev (Pvt) Ltd — the farm’s owner — to approach the courts seeking an interdict to stop the council from selling its property.
On Tuesday, Joel Mambara ruled that Swandev Pvt Ltd is the legitimate owner of the 886-hectare property, bringing to an end a protracted dispute that had left many home-seekers confused.
“The applicant (Swandev) has demonstrated a clear right of ownership in the property. Ownership of land is a most fundamental right, protected both at common law and by Section 71 of the Constitution of Zimbabwe (which safeguards property rights),” part of the judgment read.
“By virtue of its registered title, the applicant enjoys dominium over the farm, which includes the right to exclude others from the property and to refuse any unconsented sale or allocation of portions thereof. The respondent’s actions — advertising and selling plots on the applicant’s land — plainly interfere with the applicant’s rights as owner.
“The respondent has no lawful authority to carve up and dispose of land it does not own. Therefore, the applicant’s right is not only clear; it is being actively infringed by the respondent. The first requirement for an interdict is thus satisfied.”
In an interview yesterday, Rant du Toit operations manager James Kawawa said the company is “peacefully” preparing to move onto Elmswood Farm to begin operations.
“We will soon move into Elmswood to begin operations that is, to develop the area and allocate stands to about 500 people who had acquired them before council moved onto the land,” Kawawa said.
- Unpacking environmental laws for real estate in Zimbabwe
- Village Rhapsody: Govt must ensure that devolution works
- Unpacking environmental laws for real estate in Zimbabwe
- Gukurahundi public hearings: A breakthrough or a political gimmick?
Keep Reading
“We are also going to engage the council so that we can resolve this amicably. Ideally, council should compensate us for the land it had taken — for example, by offering us alternative land or paying compensation — so that we can avoid evictions and demolitions.
“If the council decides otherwise, we will have no choice but to follow the legal route as we move to occupy our land.”
Before the municipality moved onto the farm and began allocating stands, Rant du Toit had already serviced part of the land and allocated some residential stands to its clients, many of whom were members of the Zanu PF affiliate, Homeseekers 4ED.
Rant du Toit was contracted by Swandev Pvt Ltd to develop the property.
