High Court gives busi­ness­man green light to build board­ing school at Bubi farm

Chronicle (Zimbabwe) - - Opinion/national News - Mashudu Net­sianda Se­nior Court Re­porter

THE High Court has given a busi­ness­man based in the Di­as­pora the green light to con­struct a pri­vate board­ing school at Roux­dale Farm in Bubi dis­trict de­spite re­sis­tance by villagers.

The rul­ing by Bu­l­awayo High Court judge Jus­tice Lawrence Kamocha fol­lows an ur­gent cham­ber ap­pli­ca­tion by Mr Tha­bani Moyo seek­ing an or­der in­ter­dict­ing 11 villagers from in­ter­fer­ing with the con­struc­tion work of Qunt­wasi Sec­ondary School.

“It is or­dered that the re­spon­dents herein and all those who are act­ing or work­ing in con­nivance or in as­so­ci­a­tion with them, in­struct­ing them or un­der their in­struc­tion, be and are hereby or­dered to va­cate Qunt­wasi Sec­ondary School site forth­with. They should also de­sist from block­ing en­try or ac­cess thereto in any way or in­ter­fer­ing with the con­struc­tion work,” said the judge.

Jus­tice Kamocha di­rected the Sher­iff, with the as­sis­tance of po­lice, to evict the villagers from the site of the school.

Mr Moyo has been locked in a pro­tracted le­gal wran­gle with the villagers who are op­posed to his plan of set­ting up a pri­vate board­ing school.

Mr Moyo, through his lawyers, Moyo and Ny­oni Le­gal Prac­ti­tion­ers, cited the 11 villagers, the of­fi­cer-in-charge of Queenspark Po­lice Sta­tion and the Sher­iff of the High Court as the re­spon­dents.

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

“Some­time in 2015, ap­pli­cant ap­proached the Bubi RDC and the coun­cil­lor for Ward 14 with a re­quest and pro­posal for land on which to build a board­ing school. A mo­tion was made and passed on 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

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