By Staff Reporter

THE long-running dispute over the Nyabira housing development has taken another dramatic turn, with the Michael Changadzo-led Zevic Tagarika Investments Private Limited rejecting reports that it is operating under a court interdict, insisting the legal position has been misrepresented and that the order being cited no longer exists.

The development follows media reports based on an affidavit filed by Joe Chimonyo on behalf of another Zevic faction alleging that the Changadzo group was illegally tampering with survey pegs, re-pegging residential stands and disrupting beneficiaries at the Nyabira project.

Isaac Gada and Chimhomyo faction in now resorting to unorthodox methods of smear campaigns, misinformation, name dropping of President Mnanagwa’s name, and lies to continue receiving the favour of clients whom they allegedly duped by illegally selling them which they doesn’t own.

The faction rushed to the media and published a story that they had acquired an interdict from an unnamed magistrates’ courts or magistrate against the Changadzo faction to stop it from developing land in Nyabira.

The affidavit by Chimonyo was quoted outlining what it said the Changadzo faction, which has the land rights from the Ministry of Lands and Rural Development in Chinhoyi under the Zevic Tagarika Investments Pirvate Limited,with a development map already been handed over and the numbering of stands was illegally doing.

The project under Zevic Tagarika is left with bringing in surveyors to correctly demacate the land according to the approved map.The Changadzo faction has dismissed the allegations as disputed claims that remain before the courts and argues that the publication created the impression that a valid court order is still in force when, according to its legal representatives, the temporary interdict was subsequently challenged before the High Court.

Advocate Mr Leon Muringani, who represents the Changadzo faction, said there is currently no operative interdict stopping his clients from carrying out lawful activities on the land.”There is no interdict at all.

It was temporary. It is not there anymore,” said Mr. Muringani.According to the Changadzo faction, the order relied upon by the opposing camp arose after an application filed several months ago by the Gada faction at Banket Courts, and proceeded without them, having been served, resulting in a default judgment.

The faction says it successfully approached the Chinhoyi High Court to challenge the order and it was revoked, rendering it ineffective.The legal disagreement is the latest chapter in a dispute that has divided the once united Zevic Private Limited into rival camps, each asserting competing claims over the administration of the Nyabira housing project.

At the centre of the dispute is land allocated through Government processes. According to the Changadzo faction, the project is now being administered through Zevic Tagarika Investments Private Limited, which holds the relevant offer letter, development documentation and approved layout plan issued through the Ministry of Local Government and Rural Development.

The faction says stand numbering is already underway and that the next stage involves surveyors physically demarcating residential stands in accordance with the approved development plan.

It rejects suggestions that it is unlawfully developing the land, arguing instead that it is implementing a Government officially recognised development programme.

The publication of Chimonyo’s affidavit has also revived allegations that members of the Changadzo faction fraudulently withdrew US$13 000 from company accounts.

However, the Changadzo faction says that issue remains before the Harare High Court and should not be treated as a concluded matter.According to the faction, a fortnight ago, the Harare Magistrate Courts at Rotten Row suspended enforcement of an order requiring repayment of the money pending determination of the appeal.

Changadzo and his colleagues argue before the High Court that they were lawful company directors at the time of the transaction and therefore could not have stolen company funds belonging to an entity they legally administered.

They further contend that the trial court’s findings and thwarting of the forgery allegations which formed foundation of the case, significantly altered the basis upon which the fraud allegations had been advanced.

Those legal arguments remain before the High Court and have not yet been finally determined.Beyond the courtroom battles, the dispute has also spilled into efforts aimed at reuniting former colleagues.

The Changadzo faction alleges that individuals aligned to rival groups have recently attempted to persuade them to rejoin the original organisation.

Among the communications cited is a message allegedly sent by Solomon Nasho, a figure associated with the Gada faction, encouraging Changadzo to meet with former colleagues and claiming that vehicles would be handed over at State House.

The message, written in Shona, was accompanied by a video showing vehicles and urged reconciliation while referring to President ED Mnangagwa.

The Changadzo faction says it interpreted the communication as an attempt to lure its leadership back into the rival grouping.Responding to the overture, Changadzo said his organisation would remain focused on implementing the housing project rather than being distracted by what he described as side issues.

“We are concentrating on our work. We cannot be distracted by people pursuing other interests. The Nyabira land is intended to benefit poor and vulnerable members of society, including war veterans, widows, child-headed families and ordinary citizens.

“Our priority is to ensure that the project proceeds in accordance with the law and that beneficiaries receive their stands through the proper processes,” he said.

Changadzo maintained that his organisation would continue with survey preparations and stand demarcation under the approved development framework and encouraged clients to do due diligence with the Ministry of Local Government and Nyabira Rural District Council before buying stands to ascertain who the project owners were.

The dispute has its origins in disagreements that emerged after Government offered land for housing development.

According to the Changadzo faction, some directors accepted the land and proceeded with the regularisation process while the Gada and Samuel Joel Muzhamba- Khumalo factions, chose different approaches, eventually leading to the formation of separate organisations.

The resulting split produced several entities operating independently while laying claim to aspects of the original project.

Those competing claims have generated confusion among prospective home seekers; many of whom have struggled to determine which organisation has authority to allocate stands within the development.

As litigation has continued over the past several years, both sides have filed court applications and affidavits advancing sharply different versions of events.

Buyers are encouraged to verify offer letters, development permits, subdivision approvals and allocation authority with the relevant Government departments before making payments.//

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By JWB

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