Stanford Chiwanga, Online News Editor
HAWKFLIGHT Construction is battling to evict a group of people squatting in its Emthunzini suburb houses in Bulawayo after the High Court cancelled their agreement of sale for failing to pay monthly instalments.
What started as a straightforward eviction by the Sheriff of Zimbabwe has spiralled into a legal standoff in which Hawkflight Construction has become the target of emotional blackmail and threats from the residents, who claim they were unlawfully evicted.
The residents are close to 20 and the construction company has approached the High Court seeking redress and civil imprisonment.
The residents, who include Luckmore Mutapigo, Nomusa Ndlovu, Ollie Ncube, Kaliwe Tozvirevasei and Doba Tobias Tozvirevasei, Sophia Ndlovu, Helem Nkashe, Llyod Sesa, Cathrine Moyo, Jane Mawurikira, Sifiso Ngulube, Luke Mguni, Simangele Ndlovu, Jane Mawoneke, Sinikiwe Ndlovu, Jabulani Ndlovu and Nicholas Khahlela Ndlovu, are being charged with contempt of court.
Simangele Ndlovu, Mawoneke, Sinikiwe Ndlovu, Jabulani Ndlovu and Nicholas Khahlela Ndlovu were found in contempt of court and have since relocated from Emthunzini suburb.
Mupatigo was evicted in December 2020 after the High Court cancelled the contract between him and Hawkflight Construction.
“It is ordered that the agreement of sale between Plaintiff and defendants in respect of stand 992 Emthunzini Township, Bulawayo, be and is hereby cancelled.
All sums paid by defendant towards the purchase price of stand number 992 Emthunzini Township, Bulawayo, be and is hereby declared forfeited to Plaintiff as rentals and recoup.
“Defendant and all those claiming rights after him from stand number 992 Emthunzini Township, Bulawayo, be and are hereby ordered to forthwith vacate stand number 72 Emthunzini Township, Bulawayo, failing which the Deputy Sheriff to evict them,” ruled Justice Christopher Dube-Banda on December 17, 2020.
The defendants were also ordered to meet costs of the suit.
Mupatigo has, however, returned to the house he was evicted from and engaged lawyers to approach Hawkflight Construction.
On November 11 last year, T Hara and Partners law firm, on behalf of Mupatigo, wrote to Messrs Masiye Moyo Legal Practitioners, the lawyers representing Hawkflight Construction, seeking a new agreement after learning that some home buyers, who had been evicted had entered into new agreements with the construction company.
“Our client instructs that some of the home purchasers who suffered the same fate as him have been allowed to enter into a new agreement with you and reoccupied their houses.
These are Kenneth Mhlanga and Nomusa Ndlovu of house number 574 Emthunzini, who had an eviction order issued by the High Court on the 10th day of December 2020, Mr Moyo, who was the chairman of the Residents Association Committee, Thembi Dube, who was evicted and allowed to occupy the house, and one lady by the name Janet.
“We are of the view that the treatment which the above received can be extended to our client also unless there are serious reasons we must be furnished with.
It is our hope that this consideration made to others is not made on tribal grounds since our client has tendered his willingness to negotiate with yours. We will be pleased to hear your client’s attitude about this proposal,” they wrote.
Mr Mngane Ncube, the director of Hawkflight Construction, said his hands are tied as he cannot force the squatters to leave.
“This is very unfortunate. We hope the law will resolve the issues. We are a law-abiding firm and we won’t take the law into our hands.
The task of evicting them falls in the lap of the police and the Sheriff of the High Court.
“We don’t discriminate against anyone.
We follow the dictates of the contract. It is only fair that people pay what they owe. We are an understanding company; we have had people come to negotiate payment plans and we sat down with them because things are hard economically.
Some refuse to come when we summon them and it is them that give us problems,” said Mr Ncube.
Article Source: The Chronicle