Chitungwiza Residents Trust files for interdict ag...

Chitungwiza Residents Trust files for interdict against Walter Magaya-owned Wistmer Investments

Oscar J Jeke

Zim Now Reporter

The Chitungwiza Residents Trust has filed for an interdict at the High Court to stop a Magaya-owned company that has defied its smart city proposal rejection by councillors, arguing that this legal route is the only viable option to restrain continued works by the company.

The residents trust together with its director, Alice Kuvheya are cited as Trustees for Chitungwiza, being first and second applicants respectively, seeking a court order to stop Wistmer Investment (respondent), from carrying out developments without following due procedure.

In their founding affidavit, the applicants allege that the respondent in April proposed a Memorandum of Agreement known as the Master plan to the Municipality, which the respondent committed to fund, including preparations that shaped the vision of a Smart City for Chitungwiza.

However, the applicants submit that on April 12 2024, all 33 councillors of Chitungwiza Municipality unanimously rejected the donation allegedly citing unfavourable conditions in the deal as reason for their decision.

According to its application, the respondent persisted in carrying out developments within the town’s jurisdiction, including the company’s involvement in the Jonasi Aquifer project, without obtaining approval.

“This is an application for an interdict or an order to restrain the respondent, as well as any individuals acting on its behalf from undertaking any projects or development activities within Chitungwiza without following due process and obtaining the necessary approvals from Chitungwiza Municipality,” reads the affidavit.

It also adds to accusations that the respondent, Wistmer Investments, has posed significant risk through its development activities that have not had approval as to the impact of harm on environment and existing infrastructure, adding that an interdict is sought as the only viable order for the respondent to conform.

“It must be recorded, allowing the respondent to continue unchecked poses a significant risk of irreparable harm to the Chitungwiza community, such as environmental damage, disruption of existing infrastructure, and potential violation of local regulations. As a result, an interdict or injunction to halt the respondent’s activities until proper procedures and approvals are obtained is crucial to safeguard the community’s interests and prevent irreparable harm.

It is also common cause that the respondent’s actions have disregarded proper procedures and approvals, created a situation where sought an interdict is most viable course of action,” it added.

Outside of the court application, some councillors, church leaders and other influential individuals and groups have been fingered in reports of food and cash bribes from parties acting on the respondent’s behalf to alter decisions and due process.