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The co-operative was allocated part of the land by the Government for residential stands.
They had been served with eviction notices, but the eviction was stayed pending the outcome of the State’s application for compulsory acquisition.

The State has the power to acquire urban land by compulsion for public benefit, with the price set by what the land was being used for before the compulsory purchase; so a farm would be valued as a farm and a block of buildings needed for roadworks as buildings.
The ruling declared the properties as State land and those co-operatives that had been allocated the land by Government for housing will now continue with developments.

Mr Nelson Mutsonziwa from the Attorney-General’s Office appeared for the Ministry of Lands and Rural Development while Advocate Lewis Uriri represented the two companies.
Court President Mandeya ruled that Government had convinced the court that the acquisition was to benefit the people who were struggling to own stands or houses.
“It is this court’s view that the applicant (Government) has shown that it is necessary to acquire the two respondents’ pieces of land for town planning in the City of Harare, that is for providing shelter for the many inhabitants of Harare who do not have their own accommodation.

“The acquisition of Nyarungu Estates measuring 193,4056 ha registered in the name if Jetmaster Properties and the Remainder of Subdivision A of Stoneridge measuring 586,8960 ha is confirmed,” ruled President Mandeya.

The court said the acquisition was for purposes beneficial to the public while the two companies had the intention of making some profit.
“It is important to note that the legislation says ‘for a purpose beneficial to the public generally or to any section of the public’.

“Emphasis is on catering for the public so that every citizen has a fair chance of securing accommodation as opposed to catering for those with substantial material resources.
“Is providing shelter aimed at recouping the costs involved plus some profit or it is primarily aimed at creating the conditions that make it possible for citizens to acquire for themselves shelter of their choice?

“The former applies to the respondents whereas the latter applies to the applicants,” he said.
During the court hearing the two firms opposed acquisition on the basis that they had bought the properties and that they were also capable of using the land for providing shelter to the citizens.

Government conceded that Pinnacle and Jetmaster were capable of building houses on those pieces of land but argued that the companies will not cater for the low-income earning citizens because they were profit oriented.

Government further argued that its acquisition was not motivated by commercial gain but ensuring that urban dwellers were accommodated in decent housing.
Chimurenga Pungwe Housing Co-operative chairperson Mrs Concillia Dzitiro welcomed the court ruling saying it had a bearing on their case.

“We welcome the development from the courts. Although we were not party to the proceedings, the outcome is also to our advantage.
“We have not been able to permanently develop our stands for fear of the legal battles, but this ruling has given us green light to confidently build permanent structures.

“We want to thank the Government for allocating us the land in question and we would develop it to meet the urban standards,” she said.
An attempt by Jetmaster to evict the families in June this year failed after the lawyers resolved to wait for the Administrative Court’s ruling.

In the same month, the families demonstrated against the eviction and barricaded roads leading to the settlement and Nyarungu Farm.
The members vowed not to surrender the land to Jetmaster.