By Staff Reporter
THE High Court has granted over 4000 families from Spitzkop Farm in Zvimba who were facing eviction an interim relief to stay, stopping Vevhu Resources from conducting the re-pegging exercise.
This comes after the Greater Spitzkop Residents Association sued their housing cooperative, Vevhu Resources, together with Local Government minister, July Moyo last year.
Also cited as respondents in the court papers is Zvimba Rural District Council (RDC), NIFS Investments Pvt Ltd and Vevhu Marketing Investments.
The complainants had approached the courts seeking to stop the proposed re-pegging of stands, collection of USD$30 by Vevhu Resources and its affiliates.
High Court judge, Justice Neville Wamambo granted the residents the relief.
“The respondents be and are hereby interdicted from carrying out activities such as re-pegging the residential stands of the applicant and its members and any other activities pursuant to the implementation of the proposed subdivision of Lot 14 of Spitzkop until the determination of this urgent chamber application is finalised.
“The 1st, 4th, 5th, 6th and 7th respondents be and are hereby interdicted from collecting any money from the applicant and its members in pursuance of the implementation of the proposed subdivision of Lot 14 of Spitzkop until the determination of the proposed subdivision of Lot 14 of Spitzkop until the determination of this urgent chamber application is finalised,” said the judge.
The judge also interdicted respondents from threatening the members to sign new contracts or forms and to receive any money from them until the determination of this urgent application.
“The respondents are hereby stopped from carrying on such activities until the determination of this urgent chamber application,” ruled the judge.
The association is a body and its members purchased immovable property from the respondents, excluding the minister.
The said property is located within Lot 12 and 14 of Spitzkop Farm located in Zvimba district measuring 348.68 hectares in extent.
Vevhu and its subsidiary companies then started the process of re-pegging and readjusting the boundaries of the residential stands sold to the applicant’s members.
This process commenced on 5 August 2022 and was not brought to the attention of the association.
This was likely to result in the displacement of various members as the existing stands of 200m² are being increased to 400m².
The association complained that its members will lose out on both the land they purchased and the money they used to pay for the stands.
The Land Commission and the minister, July Moyo had insisted that the land in question belongs to the State and other respondents hold no title deeds.
However the association argued it was Vevhu who created various companies to act as its agents to advertise and sell the land in question which, however, resulted in double allocations to applicant’s members’ prejudice.
The judge said it was clear the association had a direct and substantial interest in the subject and outcome of this application.
“I find that the ingredients of an interdict were established. The threat of homelessness on the face of it was established. I also note that the allegations of threats and inducements as raised by the applicant were not rebutted or impugned in any way.
“It is in light of potential loss to housing stands and financial prejudice where the process as carried out by first respondent and its agent are prima facie irregular,” he ruled.