Caiphas Chimhete
4 October 2008
AN MDC legislator has filed a High Court application demanding that the Chitungwiza Town Council reverses its plan to build houses on land earmarked for schools and recreational facilities, saying the development could cause an outbreak of cholera and other diseases linked to over-crowding.
MDC legislator for Chitungwiza, Collen Gwiyo and the Zengeza Ratepayers' Association filed the application last week arguing that alteration of land use was illegal.
They said altering the land use in order to build houses would expose them to health hazards and burden the already strained ablution facilities.
The applicants are demanding that the alteration of the existing local plan be declared invalid for procedural irregularity.
Mayor of Chitungwiza Israel Marange, who was elected into office on an MDC ticket, the Municipality of Chitungwiza and the director of housing are cited as respondents.
"It is common cause that the water reticulation system in Chitungwiza is overwhelmed and will be for the foreseeable future. There is currently an outbreak of cholera as a result," Gwiyo said. "It does not make sense therefore to further burden the system by closing open space and putting up more residential stands for obvious reasons."
At least 16 people have succumbed to cholera in Harare and Chitungwiza since last month. The cholera outbreak has been attributed to the ongoing water shortages, which has forced residents to resort to fetching drinking water from unprotected wells.
The residents are represented by Watson Muchengeti of Matimba and Muchengeti legal practitioners.
The action comes after the Chitungwiza Municipality ignored a letter from the residents' lawyers demanding the reversal of land use.
On September 5, Muchengeti wrote: "We are instructed to demand, as we hereby do that within five (days) of receipt of this letter, you give an undertaking that the stands in question will not be re-designated until proper channels are followed and our clients are afforded opportunity to raise their objections in terms of the relevant Act, failing which we shall institute the appropriate action at your cost."
In August the residents petitioned Chitungwiza Municipality and Marange accusing council officials of corruption. The petition was also copied to the Minister of Local Government Public Works and National Housing, Ignatious Chombo.
"You should not forget that you are there to serve the community not a few greedy people who are misleading you by plundering every open space building 'fake' schools. No to corruption - tinoti pasi nehuworu," reads the petition, which is an annex to the application.
Chombo could not immediately available for comment.
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