Govt Tells Non-Compliant Housing Developers to Stop

By Southerton Business Times Reporter, Bulawayo

Government has directed housing developers who fail to meet planning and environmental requirements to suspend operations until they comply with the law, amid a dispute over construction at Lot 17 of Lower Rangemore in Umguza, Bulawayo.

The development has come under scrutiny after the Environmental Management Agency (EMA) confirmed that Sambabezi Contractors was ticketed for implementing a housing project without the required Environmental Impact Assessment (EIA) certificate. The dispute has also left residents questioning why they are being asked to contribute towards environmental assessment costs associated with the development.

Deputy Minister of National Housing and Social Amenities Musa Ncube said local authorities and the Ministry of Local Government and Public Works could take enforcement measures against developers who fail to comply with planning requirements. “Generally, the developers are advised to suspend operations until all requirements are met,” Ncube said.

Under Zimbabwe's Regional, Town and Country Planning Act, development generally requires the appropriate permit, while local planning authorities have powers to issue enforcement orders where development is being carried out in contravention of the law. Ncube said buyers should protect themselves by verifying the planning and ownership documents of residential developments before making payments. She advised prospective buyers to establish whether the land is registered with the Surveyor-General and covered by an approved general plan.

They should also ask for the relevant subdivision permit, title survey diagram, development permit and compliance certificate. The compliance certificate is issued after the developer has met requirements relating to the approved layout and engineering designs, including infrastructure such as water, sewer, roads and electricity, she said.

EMA confirms ticket

EMA Environmental Education and Publicity Manager Amkela Sidange confirmed that the agency had issued a Level 11 ticket to Sambabezi Contractors over the Lot 17 development.

“The Agency can confirm that it issued a Level 11 ticket to Sambabezi Contractors for implementing a listed project in the form of a housing development in Lot 17 of Lower Rangemore without an Environmental Impact Assessment (EIA) certificate from the Agency,” Sidange said in a written response dated October 1, 2026.

EMA said the developer had been directed to apply for an EIA certificate before proceeding.

The agency also urged prospective buyers to establish whether an EIA certificate exists for the specific subdivision or area before purchasing land. The requirement is significant because EMA lists housing developments among projects that require an Environmental Impact Assessment certificate before implementation. Section 97 of the Environmental Management Act also provides that listed projects must not be implemented without the required certificate.

Residents question US$20 payments

The dispute intensified after residents were asked to contribute towards a reported US$5,000 environmental-related bill. Minutes of a residents' committee meeting circulated in June show that the amount comprised US$1,000 reportedly allocated to EMA and US$4,000 for an environmental consultant. Residents were reportedly asked to contribute US$20 each.

The minutes also recorded that residents had built structures before the subdivision permit was obtained, while a development permit was still awaited. About 90 households have reportedly contributed, bringing the amount collected to approximately US$1,800. One resident, who requested anonymity, said residents felt they were being made to bear a cost arising from the developer's failure to comply.

“We are now forced to pay for the developer's incompetence, yet the ticket was issued to him directly,” the resident said. The resident also questioned what had happened to the money after some residents paid before the stated July 5 deadline. “Some of us met the deadline, but we have not seen any EMA inspections since,” the resident said. The resident added that some residents were now concerned about possible demolition of structures.

Developer disputes interpretation

However, the company's lawyer, Tshwene Sephuma of Dube, Mguni and Dube, disputed the suggestion that the money collected from residents was being paid to EMA as a fine. “The money collected by residents is not to pay EMA. It is to pay the consultant who is producing the EIA report,” Sephuma said. He acknowledged that the project was taking time to comply with regulatory requirements but said some delays were beyond the company's control.

“Yes, I admit it is taking time, but that is outside our control,” he said, adding that the project was working “to ensure we comply with all the necessary laws and regulations.” Asked whether buyers could be required to meet EMA-related costs, Ncube said the answer depended on the agreement of sale. “If it states that the beneficiary contributes, that should be clear, but if it does not, then they cannot transfer the bill to the beneficiaries,” she said.

Construction continues

Despite the compliance dispute, construction was still taking place at Lot 17 when The Herald visited the area on September 29. Workers were seen laying foundations and constructing brick walls near completed houses. The development has also triggered a separate dispute involving Beacon of Life Institute, which says one of the stands belongs to the institution and that it has not agreed to surrender it.

Beacon director Sabelo Mapasure said the organisation had not signed an amended agreement because of what he described as unfavourable terms, including a proposed 30 percent deduction from any refund. “If they do not allow us to build, how come the people they sold the stands to built within a short period?” Mapasure said. “And they are still building.” He said lawyers were negotiating a cancellation deed.

The company's lawyer, however, said construction on the disputed stands had not been authorised. “As far as I know and have asked the residents at the Plot, there is no one who was authorised by Mr Maphosa to put up a structure,” Sephuma said. He maintained that selling stands was lawful once the subdivision permit existed, but that construction required the appropriate development approval.

Survey approval remains an issue

The dispute also involves the Surveyor-General's office. Professional Land Surveyor at the Department of the Surveyor-General in Bulawayo, Augusten Magaya, said approval of the general plan had been delayed by technical issues being addressed by the surveyor and his team. He said a subdivision permit had been issued by the Spatial Planning Department but that a development permit would be issued only after the survey was approved.

A proposed layout plan seen by The Herald identifies one stand as a creche stand alongside a 60-metre buffer zone near an unnamed stream. Mapasure alleged that survey pegs marking the stand had been moved. “The pegs were there but changed,” he said. Sephuma disputed the significance of the markings, saying valid pegs could only be placed by the Surveyor-General and that the approved map was still awaited.

Magaya said a general plan could not be approved until the survey matched the approved layout plan. For now, the Lot 17 dispute leaves residents caught between competing claims over responsibility, regulatory compliance and the costs associated with bringing the development into line with planning and environmental requirements. Government's position is that developers who are not compliant should suspend operations until the necessary requirements have been met.

Lot 17 housing development