Former Special Seats lawmaker, Getrude Rwakatare, whose house is among 8,000 structures targeted by the government for demolition, plans to prevent demolition of the magnificent structure constructed along the Indian Ocean shoreline and in a mangrove protected area at Mbezi Beach in Dar es Salaam.
Jerome Msemwa, Rwakatare’s lawyer, said his client had all the legal documents for the construction of the house in the area.
Msemwa told reporters in Dar es Salaam that the family was disappointed at seeing some officials from the Lands Ministry putting demolition marks on the mansion’s wall despite a High Court (Land Division) ruling against the National Environment Management Council (NEMC).
“In the ruling delivered on case no 70 of 2012 on May 21, 2014 the High Court ruled in favour of my client that the house should not be demolished, but we now wonder why the turn of events,” he said, adding “We just appeal to the respective authorities to respect the rule of law.”
The advocate said Rwakatare has been paying all due land tenure taxes and has all the legal documents allowing her to own the premises.
“They (Rwakatare and NEMC) agreed on some conditions which include not to extend further construction on the mangrove area … my client has never made any further construction,” Msemwa said, noting however that the multibillion-shilling mansion was beyond the 60-meter distance required by the law.
A court ruling seen by The on Sunday Guardian and signed by Justice H H Kalombola of the High Court’s Land Division on May 15, 2015 regarding a case filed by Robert Brighton against NEMC, said; “The parties have agreed to settle the matter as per deed of settlement made in Dar es Salaam on 11th day of May 2015. In the premises this suit hereby marked settled as per terms and conditions stipulated in the deed of settlement filed in this court on 13th May 2015.”
The decree shows that the parties agreed that Lwakatare should not make further expansion of the building on plots no 2019 and 2020 which could affect the integrity of mangroves that are located opposite to the said plot.
“That the plaintiff shall ensure the building on the said plots is not expanded to block the course of River Ndumbwe.
That the Plaintiff shall not divert River Ndumbe or block it, which could create floods in the surrounding area and that the Defendant shall permanently desist, cease and stop forthwith from interfering with the plaintiff’s peaceful enjoyment of the property on plots no 2019 and 2020.”
But the government, through minister in the Vice-President’s Office (Union and Environment) January Makamba, has insisted that no structure built contrary to the environmental protection law would be spared.
“It does not matter if you have legal documents to own the premises, we shall take you out,” the minister told reporters in Dar es Salaam recently.
It was at the same meeting that the minister for Lands, Housing and Human Settlements Development, William Lukuvi, announced suspension of the demolition exercise in Dar es Salaam’s Msimbazi valley for a fortnight, warning that when it resumed next Tuesday, it would be with new vigour and would affect more areas.
The areas to be affected by the second round of demolitions include Mbezi, Kawe and Mlalakua valleys.
Msemwa told reporters in Dar es Salaam that the family was disappointed at seeing some officials from the Lands Ministry putting demolition marks on the mansion’s wall despite a High Court (Land Division) ruling against the National Environment Management Council (NEMC).
“In the ruling delivered on case no 70 of 2012 on May 21, 2014 the High Court ruled in favour of my client that the house should not be demolished, but we now wonder why the turn of events,” he said, adding “We just appeal to the respective authorities to respect the rule of law.”
The advocate said Rwakatare has been paying all due land tenure taxes and has all the legal documents allowing her to own the premises.
“They (Rwakatare and NEMC) agreed on some conditions which include not to extend further construction on the mangrove area … my client has never made any further construction,” Msemwa said, noting however that the multibillion-shilling mansion was beyond the 60-meter distance required by the law.
A court ruling seen by The on Sunday Guardian and signed by Justice H H Kalombola of the High Court’s Land Division on May 15, 2015 regarding a case filed by Robert Brighton against NEMC, said; “The parties have agreed to settle the matter as per deed of settlement made in Dar es Salaam on 11th day of May 2015. In the premises this suit hereby marked settled as per terms and conditions stipulated in the deed of settlement filed in this court on 13th May 2015.”
The decree shows that the parties agreed that Lwakatare should not make further expansion of the building on plots no 2019 and 2020 which could affect the integrity of mangroves that are located opposite to the said plot.
“That the plaintiff shall ensure the building on the said plots is not expanded to block the course of River Ndumbwe.
That the Plaintiff shall not divert River Ndumbe or block it, which could create floods in the surrounding area and that the Defendant shall permanently desist, cease and stop forthwith from interfering with the plaintiff’s peaceful enjoyment of the property on plots no 2019 and 2020.”
But the government, through minister in the Vice-President’s Office (Union and Environment) January Makamba, has insisted that no structure built contrary to the environmental protection law would be spared.
“It does not matter if you have legal documents to own the premises, we shall take you out,” the minister told reporters in Dar es Salaam recently.
It was at the same meeting that the minister for Lands, Housing and Human Settlements Development, William Lukuvi, announced suspension of the demolition exercise in Dar es Salaam’s Msimbazi valley for a fortnight, warning that when it resumed next Tuesday, it would be with new vigour and would affect more areas.
The areas to be affected by the second round of demolitions include Mbezi, Kawe and Mlalakua valleys.
SOURCE: GUARDIAN ON SUNDAY
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