Belvedere demolitions: High Court boots out Brickstone over fake land papers
Herald Reporter
The High Court has ordered the eviction of Brickstone Builders and Contractors from municipal land in Ridgeview, Belvedere, after ruling that the company fraudulently occupied the property without any lawful authority from the City of Harare.
Justice Regis Dembure granted the city’s application for ejectment.
“The defendant had no lawful right, express, implied or otherwise, to occupy or carry out any developments on the land,” said Justice Dembure in his ruling.
Court records show that Brickstone failed to present a valid council allocation letter, lease agreement, or a written resolution from the City of Harare.
The City’s Head of Human Shelter Services, Mr Edgar Dzehonye, and Director of Works, Mr Isaiah Chawatama, said such documents are mandatory before any person or entity takes possession of municipal land.
“For one to claim to have authority from the council to occupy any land, there must be a written council resolution,” they stated.
Brickstone’s case was further unravelled when the City of Harare produced evidence showing that a letter purportedly issued by the Ministry of Local Government and Public Works was forged.
Both the ministry’s Chief Director, Mr Mushamba, and the official whose name appeared on the document, Mr Madzivire, denied authoring or signing it.
The forgery formed the basis of an interim interdict Brickstone obtained in July 2023, which the company used to construct illegally.
But despite court conditions barring any further developments, Brickstone went ahead and built on the land without approved plans.
The city responded by demolishing 30 illegal structures, leaving only those covered under the court interdict.
In delivering judgment, Justice Dembure ordered Brickstone to vacate the said property within seven days.
“In the event of non-compliance, the Sheriff of Zimbabwe or his Deputy is authorised to evict the defendant and all those claiming occupation through it,” reads the judgement.
As the eviction order takes effect, dozens of would-be homeowners now face uncertainty, while Brickstone’s leadership awaits the outcome of pending criminal trials.
Brickstone directors Lilian Chitanga and Spencer Mabheka were charged with forgery and fraud on 17 September 2024.
The charges stem from fake council and ministerial documents allegedly used to sell more than 50 residential stands to unsuspecting buyers for amounts ranging between US$25 000 and US$ 40 000 per stand.
Investigations by the Zimbabwe Anti-Corruption Commission revealed that the allocation letters and lease agreements issued to home seekers were fake.
Municipal authorities have since razed down structures built by the buyers.
The post Belvedere demolitions: High Court boots out Brickstone over fake land papers appeared first on herald.