FOUR former Zipra fighters were rendered homeless and are
living in the streets with their families following their eviction from Castle
Arms Hotel in Bulawayo’s Richmond suburb.
The quartet, Nhlanhla Maphosa, Edson Ncube, Susan Sibanda
and Zachariah Ndebele’s ejection from Castle Arms Hotel which was purchased by
Nitram Holdings in the early 1980s with the aim to operate the property as a
hotel for the benefit of former Zipra fighters came after an eviction order was
served on them from the courts.
The quartet through their lawyer Mclean Mahaso of Tanaka
Law Chambers, filed summons at the Bulawayo Magistrates Court challenging the
order which they are arguing was fraudulently obtained on 26 June last year.
In their application they cited Nitrum Board (PVT) Ltd, a
company owned by former Zipra fighters and The Messenger of Court as 1st and
2nd respondents respectively.
In their papers before the court, the former liberation war
heroes or spouses of same argued that their eviction from Castle Arms Hotel has
thrown them into untold suffering.
“On 26 June 2019 the court rendered a default judgement
against the applicants in favour of the 1st respondent. The aforementioned
default judgement was procured after 1st respondent had caused an application
to be issued against applicants seeking their eviction from the premise known
as Castle Arms Hotel, in Richmond, Bulawayo.
“Applicants were never served with the copy of the
application and were therefore not aware of it. They only got wind of the
default judgement on 14 February 2020 when they were served with the notice of
removal.
“The applicants were therefore not in wilful default as the
correct and accurate position is that applicants were never aware that any
eviction proceedings had been instituted against them,” their application reads
in part.
The applicants who are all unemployed argued that after
they got wind of the default judgement, they quickly sprung into action seeking
to have the matter remedied by engaging the 1st respondent’s lawyers.
After engaging the lawyers, they argued that they were
assured that they would not be evicted.
“It was on 20 February 2020 that they realised that their
efforts had not been fruitful when they were evicted by second respondent
(Messenger of Court). Applicants as
indigent citizens could not mobilise resources to engage legal counsel and had
a glimmer hope when their legal practitioners of record agreed to take up the
matter on a pro bono basis.
“Applicants have prima facie right in that they were placed
in occupation of premises in question by the owner of same, Nitram Properties
(Pvt) Ltd.
“The submission is made that their eviction from Castle
Arms Hotel has thrown them into untold suffering. They are now homeless and
currently living in the streets with their families. This should be construed
in light of the fact that the right to shelter or dwelling is a
constitutionally entrenched one.
“The applicants’ plight has had the effect of decimating
their social fabric and rendering them destitute. The school going children
have been adversely affected by the current state of affairs.
“This honourable court is implored to look favourably into
applicants’ matter and help mitigate the damage they continue to suffer with
each passing day”.
The applicants further stated that they should be reinstated
on humanitarian grounds.
“The submission is made purely on humanitarian grounds.
Applicants should be allowed to regain occupation of the premises in question.
They are all war veterans who are pensioners and or surviving spouses of such.
Their eviction has exposed them to vagaries of weather, diseases and mental
anguish. They are also qualified to be beneficiaries of the properties acquired
for the benefit of former Zipra fighters.”
The case is yet to be heard. B Metro
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