Manyame Park Residents v business mogul Jane Mutas...

Manyame Park Residents v business mogul Jane Mutasa case unravels a decade of Chitungwiza’s deceit and land scandals

Gilbert Munetsi - Zim Now Writer

Approximately 20 families residing in Phase 5 of Manyame Park, Chitungwiza, have resolved to escalate a longstanding land ownership dispute with prominent businesswoman and former Telecel board chairperson, Jane Mutasa, by seeking relief through the High Court.

This follows an inconclusive pre-trial engagement between the parties that failed to produce any resolution.

Mutasa is cited in her capacity as the representative of Massmore Investments (Pvt) Ltd, a company with interests in real estate development.

The residents, through their legal counsel, Freddy Masarirevhu, allege that they have legally occupied the land in question for several years and have been making consistent payments to Chitungwiza Municipality under a regularisation scheme initiated by the local authority.

However, the municipality has now aligned its position with that of Mutasa, asserting that the allocations were unlawfully facilitated by its former Acting Director of Housing, Alex Mukwewa, who has since been dismissed, convicted, and sentenced for violations related to the Urban Councils Act.

The residents, however, maintain that the local authority must accept institutional responsibility for the actions of its former official. They argue that Mukwewa, at the time, acted with full authority as the designated officer in charge of housing allocations. They also emphasize that the municipality has continued to accept and issue receipts for payments made by the residents over the years, which they claim legitimises their occupation.

They are now requesting that the courts declare them the lawful beneficiaries of the land, given that the initial allocations were carried out under the direction of a council official who represented the municipality. The residents have also proposed that, should a ruling favour Mutasa, the council ought to allocate her an alternative piece of land within its jurisdiction.

Their lawyer, Masarirevhu, confirming the development told Standard In-depth:

“We approached the court for a relief because our clients were facing eviction from Massmore Investments (Pvt) Ltd. We were seeking an interdict to try and stop the evictions.

“Our clients had indicated and proven they had been allocated the stands by Chitungwiza Municipality. So the case is now pending before the court and it was referred to trial, the main issues for determination being whether or not the residents from Manyame are in lawful occupation and if so, whether or not they should remain there.

“The matter was there before judges for pre-trial conference and it was then referred for trial, so we are currently waiting for a trial date.”

The case was recently brought before Deputy Judge President of the High Court, Justice Garainesu Mawadze, and has been deferred to a later date in accordance with the court's calendar.

This is not the first time Mutasa has sought legal redress against the families. In March 2022, seven of the residents appeared at the Chitungwiza Magistrates’ Court facing trespassing charges brought against them following a police report allegedly made by Mutasa at St Mary’s Police Station.

The then accused—identified as Enisiya Kanosawa, Kudzai Mudapakati, Georgina Zimudzi, Jane Smoke, Tendai Jimu, Emina Takawira, and Rosemary Sauramba—pleaded not guilty and were remanded to March 18, 2022, for trial. Their legal counsel requested a postponement due to scheduling conflicts.

The residents, now numbering 20, contend they are not trespassers, but rather legitimate occupants who have built permanent structures on the land and continue to pay council bills and fees relating to regularisation and service provision. They insist that their occupation is both documented and endorsed by the council’s past administrative actions.

In a related case (HC 857/19), Mutasa previously sought a default judgment against Chitungwiza Municipality, which was subsequently rescinded by the High Court in June 2020, with costs awarded against her.

The legal battle underscores the complexities arising from administrative irregularities within local authorities and the implications these have on property rights and investments in urban land.

A Decade of Deceit: Unraveling Chitungwiza Municipality's Land Scandals

Over the past decade, Chitungwiza Municipality has been embroiled in a series of land allocation scandals, revealing a pattern of corruption involving council officials and staff. These fraudulent activities have not only undermined public trust, but have also deprived legitimate home seekers of their rightful properties.

The 2017 Audit Revelation

In 2017, an internal audit exposed that councillors and municipal staff had illegally allocated themselves residential and commercial stands, some for as little as US$200, which were later sold for up to US$5,000. Human Resources Manager Mary Mukonyora received 84 stands, while Councillor Charamba Mlambo benefited from 46 stands. The audit estimated that these corrupt dealings cost the municipality over US$7 million.

Council Dissolution and Legal Actions

In response to the audit findings, the then Local Government Minister Saviour Kasukuwere dissolved the entire town council, suspending Mayor Phillip Mutoti and all 24 councillors. The minister cited rampant abuse of state land and gross mismanagement as reasons for the dissolution.

Continued Malpractices

Despite these measures, land-related corruption persisted. In 2023, former Zanu PF councillor Charamba Mlambo was convicted of defrauding a land seeker of over US$11,000 by selling a stand he falsely claimed to own. He was sentenced to community service and ordered to repay the victim.

2023: Pension Fund Scandal Surfaces

In 2023, it was revealed that Chitungwiza Municipality had collected pension fund contributions from its workers between 2009 and 2013, amounting to US$13 million, but failed to remit the money to the Unified Councils Pension Fund (UCPF). To cover up the misuse of funds, the municipality planned to parcel out land to UCPF, a move that angered local residents who opposed the idea of using land meant for recreational facilities to settle debts.

2024: Residents Express Outrage Over Master Plan Consultations

In 2024, Chitungwiza residents expressed concern over the manner in which the town's master plan consultation meetings were conducted. Residents criticized council officials for corruption, particularly regarding land issues, and accused them of selling land meant for schools, hospitals, and recreational facilities. The lack of trust in council management was evident as residents demanded more transparency and accountability.

Recent Developments

In 2024, Chitungwiza Municipality's works manager, Emmanuel Mushata, was arrested for creating a residential stand on an existing road and issuing it to a councillor without following proper procedures. This act violated the municipality's housing policy and highlighted ongoing governance issues.

Public Outcry and Demand for Accountability

Residents have expressed frustration over the municipality's failure to allocate stands paid for over a decade ago, particularly in the Nyatsime area. The Chitungwiza Residents and Rate Payers Association (CHIRRA) has called for urgent action to address these grievances and hold corrupt officials accountable.

Conclusion

The history and recurrence of land fraud in Chitungwiza Municipality underscores the need for systemic reforms and stringent oversight to restore public trust and ensure sustainable urban development. As investigations continue and legal actions are pursued, residents remain hopeful for a future where transparency and integrity prevail in local governance.