BY CHARLES LAITON
A HARARE-BASED private land developer, Mandla Ndebele of Sunshine Development (Pvt) Ltd, has approached the High Court seeking an interdict order against land invaders who allegedly stormed his project in Mabelreign early this week and started constructing roads and pegging housing stands.
In his urgent chamber application, Ndebele, who is the company’s chief projects officer, cited Lilian Chitanga and Tinashe Dhlamini as leaders of the invasion team.
The incident occurred on Tuesday at Stand 812 Mabelreign Township, where Ndebele’s company was developing housing stands on a piece of measuring 4,5509 hectares, registered under deed of transfer 6315/2008.
“Applicant’s (Sunshine Development (Pvt) Ltd) representatives questioned respondents (Lilian Chitanga and Tinashe Dhlamini) on their identities as well as the basis of their invasion to no avail,” Ndebele said in his founding affidavit.
“At this point in the presence of Mr (Stephen) Munaki and his security guards, who were with the respondents, another group of people arrived to join the respondents issuing threats of violence against them.
“They threatened to smash the mobile phones and kill us if the applicant’s representatives continued to obstruct the respondent’s activities on applicant’s land.”
He added: “We genuinely fear for our lives now. Realising that we had been outnumbered by the respondents and fearing for our lives, we all fled from the scene.
“Mr Munaki went with the police to Mabelreign Police Station and filed a police report against the respondents under RRB 4484343, where they are being charged with criminal trespassing.”
Ndebele further said Chitanga and Dhlamini had continued working on the land despite the police report.
“The respondents remain undeterred by the threats of arrest and still continue as of this morning September 2, 2020 with their unlawful activities on applicant’s property despite us having confronted them and disclosing to them that the property belongs to the applicant.
“Instead the respondents are determined to continue interfering with and infringing on applicants rights hence their decision to work overnight on applicant’s property,” he said.
He added: “Clearly, in the absence of a court order from this court interdicting the respondents from conducting the unlawful activities on applicant’s property, the police officers cannot get them to stop their unlawful conduct as the respondents have shown clear disrespect for police officers’ authority when they visited the site with Mr Stephen Munaki.”
The matter is still pending.
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