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Tendai Rupapa Senior Court Reporter
Thirteen former civil servants will now leave the Government houses they have been occupying in Highfield after the High Court confirmed their eviction. The 13 were refusing to leave on the basis that they had legitimate expectation to buy the houses or offered alternative accommodation, given the service they had rendered to the State as per the then Government policy, which was later changed.

The retrenched and retired civil servants occupied houses in the Messengers’ Camp for periods ranging from 10 to 19 years.

The group had unsuccessfully sued the Minister of Local Government, Public Works and Urban Development at the civil courts.

Their appeal to the High Court was also thrown out.

Justice Alfas Chitakunye in his ruling said the court could not interfere with the Government’s change of policy of selling the houses to its former workers.

“Even after the appellants had expressed desire to buy the houses, they were not personally offered the houses for sale. The general policy was changed before the appellants had been offered the houses,” he said.

“When the general policy was changed the appellants were made aware of this and were advised to vacate. The issue of change of general policy by Government is something that the court cannot easily interfere with.”

He added: “What court will require is that those affected by changes in general policy be afforded a hearing, before such is implemented, and in this case upon receiving letters indicating the changes, they approached the minister and other offices and were afforded hearing.”

Justice Chitakunye said what was crucial to note in the circumstances was that the change was communicated and those affected were given audience.

He then dismissed the appeal with costs.

As the appellants were no longer civil servants, the respondent wrote letters to them demanding that they vacate the houses.

They resisted the eviction on the basis that they had been promised that the houses would be sold to them.

The matter was taken to court and the trial magistrate upheld the eviction prompting the group to lodge an appeal to the High Court which was also thrown out.