Mashudu Netsianda, Senior Court Reporter
TWELVE beneficiaries of residential stands being developed by the late Vice-President Dr Joshua Mqabuko Nkomo’s family have gone to court over the family’s alleged failure to service their stands and provide title deeds.
The 12 families, who bought the residential stands between 2002 and 2005, said despite having fully paid for the properties, ANZAC Investments, a company owned by the Nkomo family and led by Dr Nkomo’s daughter Ms Thandiwe Nkomo, has not yet serviced the area in breach of the agreement of sale entered between the parties.
Peter Anthony Johnson, Ryan Campbell Johnson, Courtney Johnson, Bekezela Ndlovu, Rosemary Ndlovu, Vuyani Ndlovu, Barnabas Dube, Agnella Maphala, Busiso Maphala, Edson Maporisa, Pretty Maporisa and Zinhle Ndlovu, through their lawyers Vundhla-Phulu and Partners, filed summons at the Bulawayo High Court citing ANZAC Investments and its director, Ms Nkomo, as defendants.
They want an order directing the defendants to comply with the terms of the agreement of sale by transferring the properties into their names.
The plaintiffs also want the defendants to service the area by connecting a water reticulation system and constructing access roads in line with the provisions of the subdivision permits issued by the Bulawayo City Council.
The lawyers said despite their clients having finished paying for the properties, the defendants have neglected and failed to transfer the stands into their names in violation of the terms of the contract.
“ANZAC Investments breached the agreements of sale by failing and neglecting to fulfil the conditions imposed by the Bulawayo City Council to provide a reticulated water supply to the properties concerned from the city’s water reticulation system and piped culverts to the entrances of the properties as well constructing access roads to the specification approved by the city’s director of engineering services,” said the lawyers.
“The second defendant (Ms Nkomo) acted unlawfully and with gross negligence when upon receipt of funds by ANZAC Investments, she failed to ensure transfer of the respective stands to the purchasers some of whom have since developed the stands and are now residing on those plots without title deeds.”
The plaintiffs also want the defendants to pay the legal costs.
The defendants are yet to respond.
In October 2016, Ms Nkomo indicated that Anzac Investments was struggling to raise close to US$5 million for the servicing of land for constructing houses at Mqabuko Heights.
The project involved the development of two upmarket suburbs — Mqabuko Heights and Whitestone — comprising of residential stands, open spaces, a commercial centre, primary and secondary school sites.
Ms Nkomo, at the time, told council that the company wanted to engage the municipality or a private player in a joint venture in selling the remaining stands. Council, however, rejected her request, saying it was going to set a wrong precedent. – @mashnets