ANDREW WADI

versus

LUCIA MNKANDLA

and

EMMANUEL NGWENA MUSARA

and

CITY OF KWEKWE

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 20 FEBRUARY 2018 AND 1 MARCH 2018

Opposed Application

S Siziba with A Sibanda for the applicant

Ms P Dube for the respondent

            MATHONSI J:          The applicant is a former councilor of the Municipality of Kwekwe which is cited herein as the third respondent.  He has brought this application against the current Chamber Secretary and Town Clerk who are the first and second respondents respectively and the municipality itself seeking an order compelling the respondents to facilitate the transfer of Stand No. 7311 Kwekwe Township of Lot 6 Sebakwe Block Kwekwe (the stand) from the third respondent to third parties to whom he sold the stand but has been unable to cede or transfer to the said third parties because the stand is registered in the name of the third respondent.

            The application is premised on the fact that at a time when the applicant served as a councilor in the municipality in 2005 he had purchased the industrial stand at an extremely concessionary rate of 40% of its value in terms of a ministerial directive issued by the Minister of Local Government, Public Works and National Housing designed to benefit sitting councilors.  More than a decade later the applicant decided to sell the undeveloped stand to four people, namely Miriam Moyo, Oppa Tititi, Mercy Tititi and Isaac Tititi Moyo for a purchase price of $75 000-00.  His effort to pass transfer to those purchasers has hit a brick wall as the third respondent refused to authorize it forcing the applicant to file this application for a compelling order.