Town clerk throws mayor under the bus

HARARE City Council has disowned developments taking place on Baxely Circle and Gilwell Square in Southerton where residential stands are being pegged in recreational parks.

Town clerk Engineer Hosiah Chisango said this in his response to an urgent application that was made by Southerton residents to the High Court seeking to have the pegging of stands in the areas stopped since they were recreational parks.

His response is in sharp contrast to the position that was given by Mayor Councillor Herbert Gomba last month that the developments had council’s blessing.

The Director of National Housing, Harare City Council and The Ministry of Local Government, Public Works and National Housing were cited as first, second and third respondents respectively.

“Furthermore, Gilwell Square was never allocated or advertised for change of land use and is still reserved as an open space.

“The document from the second respondent dated 28 September 2019 shows that the second respondent is not aware of the authority responsible for pegging the area which shows that any attempts to peg are being done by invaders unlawfully,” said Eng Chisango through his lawyers Gambe Law Group.

“The change of land use has not been approved and consented to by the third respondent.

“Gilwell Square remains reserved as an open space, and any attempts to peg are being done by invaders,” he said.

The Ministry’s Permanent Secretary Mr Joseph Mhakayakora, who also responded to the court interdict, said they were not involved in the pegging of the stands.

“Third respondent has had no involvement in any pegging activities on the said pieces of land,” said Mr Mhakayakora.

Clr Gomba told the media last month that the developments were part of ongoing transformations taking place in line with Regional Town Planning Act.

He was responding to objections that had been raised by the residents before they decided to approach the courts.

Clr Gomba said the areas were left for other purposes other than recreational, insisting residents were living in the past and should allow the future to take its course.

“Those areas were left by the then planners for future use.

“They are open in order to accommodate future plans.

“This is why you see dualisation being done because land was left open in anticipation of the need to accommodate future growth.

“There is nothing criminal about that. It is called urban planning.

“We are now in the future,” said Mayor Gomba at the time.

A representative of the residents Mr Andrew Makahamadze said their motivation was to save their recreational parks as well as ensuring that council and the Government do not lose millions of dollars.