CHITUNGWIZA MUNICIPALITY ENFORCEMENT ORDER

ENFORCEMENT ORDER ISSUED IN TERMS OF SECTION 32 OF THE REGIONAL, TOWN AND COUNTRY PLANNING ACT (CHAPTER 29:12) FOLLOWING ILLEGAL DEVELOPMENTS TAKING PLACE ON RENTED COUNCIL BEERHALLS

 

Whereas it appears to the Municipality of Chitungwiza that development was carried out in contravention of the Regional, Town and Country Planning Act (Chapter 29:12) that is illegal construction of structures on the perimeter walls of stands 275 Katanga Beerhall St Mary’s, 1338 Hunyani Beerhall St Mary’s, 6010 Nyatsime Beerhall Zengeza 2, 810 Zengeza Beerhall Zengeza 5, 12104 Kushinga Beerhall Zengeza 4,19189 Chidochevanhu Beerhall Unit N, 16104 Seke Tavern Unit G and 19287 Rusununguko Beerhall Unit L by Ignatious Nyakwete, (L Jackson, S Chidyandunge, P Mutinhima, P Tauya), Brystone Motors, Brystone Motors, Crusade Chihuri and Misikiwe Malenzi, George Mandongwe, Lazarus Gonese and Vamrey respectively.

 

And, whereas it appears expedient to Chitungwiza Municipality to serve upon you the Persons and your Associates being responsible for the aforesaid illegal developments an Order in pursuance of Section 32 of the Regional, Town and Country Planning Act (Chapter 29:12).

 

Action to be taken by the persons specified in the order:

Now, therefore take note that in terms of Section 32, you the Persons and your Associates are here by ordered to immediately take the following steps-:

 

  1. To discontinue forthwith any developments, construction works, occupation or any use of the said illegal structures.
  2. Avail all the paper work in your possession to Council through the Office of the Acting Town Clerk showing that all the constructions were approved by Council.
  3. In addition to the paper work mentioned above, avail to Council the following documents:

 

    1. Approved Lease Agreement 
    2. Valid Service Clearance Certificate
    3. Approved Site Plan 
    4. Signed Survey Diagram by a Registered Surveyor
    5. Approved and Valid Building Plan 
    6. Copy of Peg Form 
    7. Copy of a Stage Form showing that all stages done so far have been inspected by Council
  1. In the absence of the documents highlighted in 3 above, in terms of Section 32 of the Regional, Town and Country Planning Act (Chapter 29:12), you are hereby ordered to demolish the illegal structures and restore the site to its original state by the 3rd   of January 2022.  

 

This order shall come into operation on the 3rd of January 2022 unless, in terms of Section 38 of the Act, an appeal is lodged within one month from the service of this order, whereupon the operation of this order shall be suspended until such time as the appeal is finally determined or is withdrawn.  Whether or not an appeal is lodged against this enforcement order by any person, the Municipality of Chitungwiza may, in terms of Section 34 of the Act, at any time before it comes into operation, serve a Prohibition Order, prohibiting the continuation of all or any of the operations or uses specified on this Enforcement Order.

 

Your attention is further drawn to Section 33 and 37 of the Act which provides respectively that this enforcement order shall have effect against any subsequent development on the land concerned and for penalties (including demolition of the structures by Council at the expense of the owner) for non-compliance with the provision of this Order. Be further reminded that it is an offence contravening or failure to comply with this Order as it attracts a level 8 fine or imprisonment for a period not exceeding one year or to both such fine and imprisonment.

 

 

 

MRS E. MACHONA 

ACTING TOWN CLERK

 

CHITUNGWIZA MUNICIPALITY PROHIBITION ORDER

PROHIBITION ORDER ISSUED IN TERMS OF SECTION 34 OF THE REGIONAL, TOWN AND COUNTRY PLANNING ACT (CHAPTER 29:12) FOLLOWING ILLEGAL DEVELOPMENTS TAKING PLACE ON RENTED COUNCIL BEERHALLS

 

Whereas the Municipality of Chitungwiza did on 3rd of December 2021 served upon you, Ignatious Nyakwete, (L Jackson, S Chidyandunge, P Mutinhima, P Tauya), Brystone Motors, Brystone Motors, Crusade Chihuri and Misikiwe Malenzi, George Mandongwe, Lazarus Gonese and Vamrey and your Associates an enforcement order in terms of section 32 of the Regional, Town and Country Planning Act, and whereas the Municipality considers it necessary to prohibit the continuation of the operations or uses herein specified in terms of Section 34 of the Regional, Town and Country Planning Act (Chapter 29:12).

 

THEREFORE, TAKE NOTE that in terms of the said Section 34, you the Persons and your Associates are hereby ordered with effect from 3rd December 2021, which shall be the date from which this order takes effect, to take the following steps -:

 

Action to be taken by the persons specified in the order

Now, therefore take note that in terms of section 34 you, the Persons and your Associates are hereby ordered to immediately take the following steps-:

 

  1. To discontinue forthwith any developments, construction works, occupation or any use of the said illegal structures.
  2. Avail all the paper work in your possession to Council through the Office of the Acting Town Clerk showing that all the constructions were approved by Council.
  3. In addition to the paper work mentioned above, avail to Council the following documents:

 

    1. Approved Lease Agreement
    2. Valid Service Clearance Certificate
    3. Approved Site Plan 
    4. Signed Survey Diagram by a Registered Surveyor
    5. Approved and Valid Building Plan 
    6. Copy of Peg Form 
    7. Copy of a Stage Form showing that all stages done so far have been inspected by Council
  1. In the absence of the documents highlighted in 3 above, in terms of section 32 of the Regional, Town and Country Planning Act (Chapter 29:12), you are hereby ordered to demolish the illegal structures and restore the site to its original state by the 3rd of December 2021.  

 

 

 

 

Further be warned that any person who contravenes or fails to comply with this Prohibition Order shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding one year or to both such fine and imprisonment.

 

Your attention is also drawn to the provisions of sub-sections 3 and 4 of Section 37 of the Act.  Heavy penalties may be imposed for non-compliance with an Order of a Local Planning Authority.

 

 In terms of sub-section 2 of Section 50 of the Act, compensation may become payable by the Local Planning Authority to any person who suffers any loss or damage as a direct result of compliance with a prohibition order if an appeal against the enforcement order concerned is upheld to the extent of allowing the prohibited operations or uses to continue.

 

 

MRS. E MACHONA

ACTING TOWN CLERK

 

CHITUNGWIZA MUNICIPALITY CENTRAL ADMINISTRATION DEPARTMENT CHAMBER SECRETARY-VACANT POST ERRATUM

Applications are invited from suitably qualified and experienced personnel to fill the above mentioned

Vacant position in the Central Administration Department. The Chamber Secretary will be reporting to the Town Clerk, the incumbent will be based at Chitungwiza Municipality Head Office.

 

QUALIFICATIONS AND EXPERIENCE

  • A Law degree from a recognised University a must.
  • A Masters Degree in Public Administration, Business Administration or any post Social Sciences Degree will be an added advantage.
  • At least 3 years post qualification experience in middle management in an administrative position and Governance experiences is an added advantage.
  • At least 30 years of age.
  • Clean Class 4 Driver’s Licence.

 

KEY DUTIES AND RESPONSIBILITIES

  • Managing the day today running of the Central Administration Department
  • Preparing and distributing agendas and notices of any Mayoral, Council or Committee meetings
  • Preparing and distributing minutes of the proceedings of Council and all committees
  • Formulating and implementing Central Administration and Secretarial Services/Chamber Secretary Department Strategies.
  • Follow up on implementation of all Council Resolutions
  • General administration of Council activities including provision of security services and efficient maintenance of records keeping systems.
  • Any other duties as assigned by the Town Clerk

 

Applications in own handwriting, accompanied with six (6) copies of detailed curriculum vitae and certified copies of relevant qualifications, including certified copies of one’s academic certificates and certified copies of one’s practicing certificate, as well as contact details of at least three (3) professional references, should be addressed to :

 

  1. Kwaramba

Mbidzo, Muchadehama

And Makoni Legal Practitioners

34 Wyvern Avenue

Harare

Or Email: ckwaraz@gmail.com

Not later that the 17th of December 2021

Please note that only shortlisted candidates will be contacted