Chitungwiza Municipality Issues Prohibition Order Against Illegal Developments

PROHIBITION ORDER ISSUED IN TERMS OF SECTION 34 OF THE REGIONAL, TOWN AND COUNTRY PLANNING ACT (CHAPTER 29:12) FOLLOWING ILLEGAL DEVELOPMENTS TAKING PLACE AT MAKONI SHOPPING CENTRE, SEKE

Whereas the Municipality of Chitungwiza did on the 24th September 2020 served upon the Persons and their 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 24th September 2020, 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 piece of land.

2. Avail all the paper work in your possession to Council through the Office of the Acting Town Clerk showing that you are in legal occupation of the said piece of land.

3. In addition to the paper work mentioned above, avail to Council the following documents:
a) Offer Letter
b) Lease Agreement
c) Approved Site Plan
d) Signed Survey Diagram
e) Approved Plan
f) Copy of Peg Form
g) Copy of a Stage Form showing that all stages done so far have been inspected by Council

4. In the absence of the documents as provided above, to demolish the illegal structures, vacate and restore the site to its original state by the 24th September 2020.

This order shall continue in force until withdrawn by the Municipality of Chitungwiza or until the Enforcement Order is withdrawn, set aside or becomes operative.

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