By Beatific Gumbwanda
CHIREDZI-Former Chiredzi East Member of Parliament, Denford Masiya is on collision course with Chiredzi Rural District Council, which he has taken to court over a prohibition order to a piece of land.
Masiya seems to have been buried by his kinsman, Chief Tshovani (Edmore Mundau) who is allegedly supporting his eviction by Chiredzi Rural District Council (CRDC) from the land he ‘illegally’ allocated himself along Save River under Masekesa Village, Ward 4 though he is arguing that he got the land through a corporate entity, Mudyaxihi (Pvt) Ltd where he is one of the directors.
Masiya has since taken Chiredzi Rural District Council (CRDC) to court following a prohibition order issued on him on November 29, 2023, ordering him to immediately stop forthwith any developments, construction works, occupation or any use of the land.
“Prohibition order issued in terms of section 34 of the regional, town and country planning act (Chapter 29:12) following illegal developments taking place at Sangwe communal lands-piece of land along Save River under village Head Masekesa.
“Now therefore take note that in terms of Section 34 you are hereby ordered to immediately take the following steps. To discontinue forthwith any developments, construction works, occupation or any use of the said piece of land,” reads part of the prohibition order.
However, Masiya through his lawyers from Kwirira and Magwaliba Legal Practitioners argued that he did not allocate himself any piece of land but was allocated to his organisation Mudyaxihi (Pvt) Ltd by Chief Tshovani.
“We are advised that our client did not allocate a piece of land to himself. Infact, a piece of land was allocated to a corporate entity by the name Mudyaxihi (Pvt) Ltd wherein he is one of the directors. It is therefore misleading to address the issue to our client direct to him in his personal capacity.
“Secondly, it is also misleading to allege that he allocated the land in question to himself , rather the land was allocated to the said corporate by Chief Tshovani in terms of an extant legislative process,” reads part of the letter.
In Chief Executive Officer Ailes Baloyi’s founding affidavit however, Chief Tshovani was in support of Masiya’s eviction citing that he had personally allocated himself the said piece of land.
“This is vehemently disputed in that respondent is not aware of the dispute in question and the referral thereof to Chief Tshovani. Nothing has been annexed to shed more light to the alleged dispute that applicant referred to Chief Tshovani. Applicant ought to have done more than making bald averments.
“The court is urged to take the view that respondent acted correctly since even Chief Tshovani agreed that applicant illegally allocated himself the land in question. The resolution passed by the respondents is for the eviction of applicant on the land he illegally allocated to himself along Save River under Masekesa village.
“If Chief Tshovani had indeed allocated the land in question when the alleged dispute was brought before him then he would have objected to the passing of the resolution. Chief Tshovani did not object. The Chief Tshovani in question sat at the meeting and did not object to the resolution for the eviction of applicant but supported it. Chief Tshovani never made reference to the dispute, the summons and hearing that applicant is referring to.” Reads part of Baloyi’s founding affidavit.
CRDC made a resolution during the second full council meeting on the December 20, 2023, where Chief Tshovani was in attendance that they recommend the eviction of Masiya from the said piece of land.
