A housing co-operative, Nordville Housing Co-operative Society Limited, has filed an urgent High Court chamber application seeking an interdict against its former chairperson and the City of Harare after the two allocated residential stands to non-cooperative members on its land.
Nordville, through its chairperson, Shingai Chitaka, sued council and Victor Dzvairo, seeking relief of an interdict pending determination of a main application filed before the High Court against the latter’s eligibility to preside over the housing co-operative.
The housing co-op is also seeking that the City of Harare and Dzvairo be interdicted and restrained from allocating stands in Belvedere West held under plan number TP2F/WR/04/21/1 to any person.
Nordville Housing Co-operative was registered on January 29, 2013 and has a membership of more than 120 individuals.
The applicants submitted that before Chitaka’s appointment, Dzvairo was the chairperson and his tenure was characterised by stagnation in terms of development as well as a litany of malpractices.
A resolution for a vote of no confidence was passed against Dzvairo and on November 9, 2024, during an annual general meeting, Chitaka was elected chairperson, and the Women Affairs, Community, Small and Medium Enterprises Development ministry confirmed his appointment. The ministry is responsible for co-operatives.
They advised the City of Harare through a letter in December last year and after Chitaka's appointment and owing to engagement with the responsible authorities, the Local Government and Public Works ministry allocated the co-operative and its members land for housing development.
It is submitted that Dzvairo has been frustrating allocation of stands to beneficiaries, notwithstanding a vote of no confidence passed against him.
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The co-operative submitted that Dzvairo has formed parallel structures. The co-operative was forced to file a declaratur before the High Court, realising the threat posed by the former chairperson.
The members also sought an order compelling Dzvairo to cease interfering with the operations of Nordville Housing Co-operative.
They further sought an order compelling Dzvairo to hand over all documentation relating to Nordville Housing Co-operative and the application is still pending.
The co-operative further submitted that before the allocation of stands to Nordville Housing Co-operative, the City of Harare had intimated an intention to put the stands on its housing waiting list, and exclude its members.
It submitted that despite the allocation of the stands to Nordville in February, the City of Harare had not repented, leading to the application for an interdict seeking restraint from allocating stands to persons other than members.
The applicants submitted that the City of Harare is working with Dzvairo to allocate stands on their land to non-members.
The applicants argued that they will suffer irreparable harm if the respondents are not interdicted.
“We have no other remedy available for us to enforce our rights. We cannot resort to self-help. The balance of convenience favours the granting of this application.
“We cannot be left at the mercy of the City of Harare and Dzvairo. Should they be allowed to actualise their intentions, a bad precedent will have been set,” they averred.
The matter is pending.
