By Ndaba Nhuku|NEWS-ANALYSIS|Zimbabweans are generally a law abiding docile people, and that’s why Zanu PF is still in power and daily abusing them without giving a hoot about their feelings, let alone worrying they may throw stones at moving cars! It the same reason why I argue with most people in social media that the houses being demolished by Harare council were not owned by ignorant people who would just build them without getting permission from someone. I argued that no Zimbabwean would build houses like we recently saw being demolished in Harare without permission.
It turns out clear I was right. Harare council and central government officials must accept their wrong doing and help the concerned families. The government authorized the illegal constructions, and Harare council watched as if it doesn’t care or run the city, yet both are now ruthlessly working in partnership against the house owners.
Several government officials including Harare Provincial Administrator, Mr Alfred Tome, despite trying to behave like a typical stupid politician, authorised the Arlington Estate saga where Harare City Council is suddenly ‘doing a splendid job’ destroying houses built on land earmarked for the expansion of Harare International Airport. According to the Herald 26 January 2016, authority was granted on the 4th April 2013, to Nyikavanhu Housing Co-operative to take ownership of the land for housing development.
“Confirmation that Nyikavanhu Housing Co-operative was offered subdivision E of Arlington Estate 530:25”

“Nyikavanhu Housing Co-operative has been legally offered land for the housing development purposes. This decision was arrived at after intensive and extensive consultation with relevant ministries and organisations. It means, therefore, evidence of development should now be in place since there is no prohibitive interferences in place. Please be advised. If there is any further information you may require, we are ready to furnish you with it.”
Not only did the now sneaky Tome trying to drift away from his responsibility authorize this, so did other Government departments, yet the council has found it good to demolish more than 100 houses without giving their owners any explanation as to what alternative action they should take.
The Civil Aviation Authority of Zimbabwe’s Acting Director of Airports also authorized the land for residential stands.
“We refer to your application for Civil Aviation Authority of Zimbabwe clearance to the above subdivision proposal. Please be advised that Civil Aviation Authority of Zimbabwe cleared your application and development should be carried out according to the requirements listed by Harare City Council Master Plan.”
Clearly something was amiss because Nyikavanhu Housing Co-operative seemed at loggerhead with the parent ministry, the Ministry of Local Government, Public Works and National Housing which was withdrawing its layout plan on the farm but then, representing the Attorney General’s office, Mr N Mutsonzira of the Civil Division affirmed that the co-operative lawfully occupied the land with Government permission to develop residential stands.
“Therefore, such development can only be stopped for a lawful reason and in the absence of such lawful reason the refusal to approve the layout plan is unlawful and may expose you to some lawsuit. You are, therefore, advised to reconsider your position and make a decision that is within the law. In the absence of such a lawful decision you are, therefore, advised to comply with the Government’s position to the cooperative to develop land into residential stands.”
Authorization was again granted by the ministry’s secretariat department on the 15th January “This letter serves to advise that you are now permitted to develop portions of the remainder of subdivision E of Arlington Estate which you occupied before Operation Restore Order (Murambatsvina),” read a letter signed by a Mr S M Sibanda
Further authorization came from the Acting Administrator Mr Godfrey Maesera who also confirmed the cooperative as the acknowledged and recognised by the Office of the Governor and Resident Minister.
On the other hand, the Zanu versus MDC T political drama in this saga is seen when the Harare City Council claimed the housing co-operative never brought its building plans for approval. And sneakily, this is what its Director of Works, Engineer Phillip Pfukwa said,
“The owner of the land is the State. The current demolitions taking place are under the direction of Government. We are mere contractors. All this is directed by Government. Government could have engaged any other contractor to do it.”
Then, how do you blame innocent law abiding citizens who followed the law? However, I do. The cooperative preferred to deal with Zanu central government officials and left out MDC T local authorities who had to approve construction as they are the legal authority running and approving construction plans within the City of Harare. And this is why I have been blaming both Zanu and MDCT, including the naïve cooperative leaders who allowed their lives to be swung into a political yo-yo. With economic difficulties we are faced with; please do not allow yourselves to be placed in a vulnerable position like what has befallen these folks. The cooperative seems to have totally ignored the vindictive MDC T run Harare council and instead in its desperation need for land, aligned itself to Zanu run corrupt and incompetent central government. When dealing with urban land issues, stay afloat political drama and follow what the urban by-laws say.
However, as advised by Zimbabwe Institute of Regional and Urban Planners president Mr Percy Toriro, local authorities are required to be ‘pro-active and to be regularly inform residents on the status of land on which they are developing while residents must also do the same to avoid loss of property.’ As I argued before, Harare City Council as the local planning authority is mandated at law to manage all developments within its area of jurisdiction, and thus such construction took place whilst it was aware yet chose not to act by stopping them earlier. It is the duty of the council to stop illegal use of its land and not to act retrospectively after people have been deceived and wasted millions of dollars building their dream houses. Harare residents should also not be used by politicians, let alone bribe officials to get their way around issues. Houses are not built on every piece of empty land you see. Some of the land you see as empty is wetland or a piece of land left as open space or some other non-residential such as beerhalls, schools, playgrounds, industry, airports, roads etc. Local authorities are indeed required to follow both the spirit and letter of planning laws and procedures without giving a hoot to your bribing someone to get you that land. Please always bear in mind that every constructive even for central government projects, is approved by the local authority, who in this case is Harare City council under MDC T and not some overfed central government official.