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Minister Nyoni

Chief Court Reporter
Government has ordered 17 members of Takunda Housing Co-operative Society to pay $6 000 each being subscriptions for the residential stands allocated to them seven years ago. They were given up to six months to pay up or face eviction from the co-operative’s houses. The 17, part of them members of the co-operative management committee, had refused to pay subscription over the past seven years.

They argued that they built the houses using their own funds without the input of the co-operative. Their attempt to obtain title deeds for their houses from Harare City Council hit a brick wall after the co-operative blocked the move.

The ruling follows an appeal by the 17 to Small and Medium Enterprises and Cooperative Development Minister Sithembiso Nyoni against the decision of the Registrar of Co-operatives in terms of Section 115(6)(a) of the Co-operatives Societies Act.

In the decision made available last week, Small and Medium Enterprise and Co-operative Development Deputy Minister Novert Muponora said that the 17 had six months from the date of receipt of judgment to pay up or face eviction.

The $6 000 is equivalent to the subscriptions so far paid by the other members of the co-operative since 2009 to date. “In the event of non-compliance, first respondent (Takunda Housing Co-operative Society) has the right to register this judgment with the court and seek ejectment of appellants (Tawanda Kuora and 16 others) from its houses,” said Deputy Minister Muponora.

“Further, the respondent is obliged to refund the appellant who were not part of the management committee the value of the structures they built.” He also ruled that the management committee members who are amongst the appellants should not be compensated for they used the co-operative’s funds to build the houses.

The 17, who were being represented by Matsanura and Associates, appealed to the minister on basis that the Registrar of Co-operatives had erred in fact and at law by declaring that the co-operative was the owner of the houses they individualy built.

They also argued that the registrar erred in failing to consider that the housing project was complete. It was their contention that they were entitled to obtain title deeds since the co-operative did not contribute towards the construction of the structures, among other grounds of appeal.

The co-operative was represented by Mr Tawanda Chakabva of Masinire and Chakabva Legal Practitioners. Mr Chakabva submitted that the fact that appellants built the houses on the co-operative’s land did not entitle them to ownership of the land for free.

He insisted that the registrar’s decision should stand and that the 17 members be ordered to vacate. Mr Chakabva said the co-operative was prepared to consider compensation for improvements less rentals that were due to it on a case-by-case basis as other structures were built by the co-operative and also after considering the legality of the improvements.