By Bulawayo Correspondent
THE daughter of late former Vice President, Joshua Mqabuko Nkomo, Thandiwe and her company, ANZAC were recently dragged to court for allegedly short-changing 12 beneficiaries of an upmarket housing scheme.
The housing project involves the development of two upmarket suburbs – Mqabuko Heights and Whitestone – comprising of residential stands, open spaces, a commercial centre and secondary school sites.
According to court papers filed at the Bulawayo High Court under case number 503/20, Peter Anthony Johnson , Ryan Campbell Johnson , Courtney Johnson, Bekezela Ndlovu, Rosemary Ndlovu, Vuyani Ndlovu, Barnabas Dube, Agnella Maphala, Busiso Maphala ,Edson Maporisa, Pretty Maporisa and Zinhle Ndlovu bought residential stands from ANZA Investments between 2002 and 2005.
According to the agreement of sale entered between the parties, ANZA was supposed to service the stands and provide title deeds to the buyers.
“ANZAC Investments breached the agreements of sale by failing and neglecting to fulfil the conditions imposed by the Bulawayo City Council to provide a reticulated water supply to the properties concerned from the city’s water reticulation system and piped culverts to the entrances of the properties as well as constructing access roads to the specification approved by the city’s director of engineering services,” said the applicants through their lawyers Vundhla-Phulu and Partners.
The applicants want the High Court to compel the defendants to comply with the terms of the agreement of sale by transferring the properties into their names.
“The second defendant (Ms Nkomo) acted unlawfully and with gross negligence when upon receipt of funds by ANZAC Investments, she failed to ensure transfer of the respective stands to the purchasers, some of whom have since developed the stands and are now residing on those plots without title deeds,” the applicants further submitted in their application.
The plaintiffs also want the defendants to service the area by connecting a water reticulation system and constructing access roads in line with the provisions of the subdivision permits issued by the Bulawayo City Council.
The Bulawayo City Council was also cited as third respondent in the application.
The plaintiffs also want the defendants to pay the legal costs.