Monday, 7 November 2016

DIASPORAN TAKES ON 11 VILLAGERS

A BUSINESSMAN based in the diaspora is locked in a protracted legal wrangle with 11 villagers who are allegedly opposed to his plan of setting up a private boarding school at Rouxdale Farm in Bubi district.

Mr Thabani Moyo, through his lawyers, Moyo and Nyoni Legal Practitioners, yesterday filed an urgent chamber application at the Bulawayo High Court citing the 11 villagers, the officer-in-charge of Queenspark Police Station and the Sheriff of the High Court as the respondents.

Moyo is seeking an order interdicting the villagers and those acting or working in connivance with them from interfering with the construction work of Quntwasi Secondary School.
He also wants an order directing the Sheriff with the assistance of police to evict the villagers from the site of the school.

Moyo, in his founding affidavit deposed by his wife, Mrs Simangele Moyo, argued that he was given green light by the Bubi Rural District Council to construct the school.

“Sometime in 2015, applicant, the Bubi RDC and the councillor for Ward 14 with the intention, request and proposal for land on which to build a boarding school. A motion was made and passed September 24, 2015 wherefrom it is apparent that the establishment of the school was a welcome initiative. The relevant council committee members representing all villages in the area all agreed that the applicant be given a piece of land for the purposes of constructing a private school in their ward,” said Mrs Moyo.

She said her husband made a special application for lease of State land and it was granted without objections being raised by the district lands officer, the provincial estate management officer and the chief lands officer.

“Applicant is a patriotic Zimbabwean who while working outside the country has a desire to contribute to fostering development in Zimbabwe. His proposal to build the school was accepted and appreciated as it would bring development to an area which has a shortage of educational facilities.

The application was approved by the Bubi RDC,” said Mrs Moyo.
She said a letter from the Ministry of Lands and Rural Resettlement shows that the land was not initially allocated to anyone, but was left for development purposes.

“Applicant has already paid $1 000 to Bubi RDC for plan approval and the area has been fenced and gated at his expense. On October 26, the respondents barricaded the gate of the school site and they have locked it, denying applicant’s workers access and construction of the school has stopped. The applicant has a prima facie right having been allocated the land for the purpose of building a school,” said Mrs Moyo.

The villagers accused Mr Moyo of invading their land which was demarcated for grazing.
But he says the villagers have taken the law into their own hands by not following the proper procedures. He accused them of having ulterior motives to disturb his project. chronicle

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