Harare – The High Court has ordered the eviction of Brickstone Builders and Contractors (Pvt) Ltd from a contested piece of land in Belvedere, after it emerged the company was building without any legal right or council approval.
The ruling, handed down by Justice Regis Dembure, sided with the City of Harare in its battle to remove Brickstone from Stand 19156 Salisbury Township Lands, also known as Stands 18991–19042 Belvedere.
The judge found that Brickstone had no valid lease, allocation letter, or council resolution allowing it to develop the land, all of which are required under section 152(2) of the City of Harare Act.
City officials told the court that for anyone to claim rights over council land, they must follow proper procedures, including securing formal approval from council.
Those procedures were never followed in this case.
Despite claiming to have a letter from the Ministry of Local Government backing its operations, Brickstone’s letter was exposed as a fake.
Senior ministry officials, including Chief Director Mr Mushamba and the person allegedly behind the signature, Mr Madzivire, denied issuing or endorsing it.
Justice Dembure was critical of Brickstone’s legal team for failing to challenge key witnesses from council.
He said their silence during cross-examination effectively confirmed the city’s version of events.
“The defendant and all those claiming occupation through it shall vacate the land within seven (7) days of this order,” the judge ruled.
If Brickstone does not comply, the Sheriff of Zimbabwe has been authorised to carry out a forced eviction.
This ruling follows a messy saga that began last year when Brickstone obtained an interim interdict based on the now-discredited letter.
Despite the court’s order for a halt on development, the company allegedly kept building, prompting council to demolish 30 structures, sparing only a few covered by the initial court protection.
However, the legal drama doesn’t end there.
Brickstone directors Lilian Chitanga and Spencer Mabheka are also facing criminal charges.
The National Prosecuting Authority charged the duo with fraud and forgery in September last year after ZACC investigators found their “allocation letter” was also fake.
The pair are accused of selling 52 residential stands to at least 45 home seekers at prices ranging from US$25,000 to US$40,000 each using counterfeit documents.
Buyers, many of whom had already started building, were left devastated when their homes were razed by council bulldozers.
Now, with the eviction order in place, the spotlight turns to Brickstone’s directors, who face possible jail time, and the dozens of home seekers who may have lost everything in a land deal gone wrong.