Non-compliant housing developers ordered to suspend operations

Obey Musiwa-Herald Reporter

GOVERNMENT has directed housing developers who fail to meet planning and environmental requirements to suspend operations until they comply with all the regulations.

The call follows confirmation by the Environmental Management Agency (EMA) that it ticketed Sambabezi Contractors, the developer of Lot 17 of Lower Rangemore, Umguza, Bulawayo, for undertaking a housing project without an Environmental Impact Assessment (EIA) certificate.

However, residents allege they were being made to contribute towards costs arising from the developer’s non-compliance.

National Housing and Social Amenities Deputy Minister, Musa Ncube, said local authorities and the Ministry of Local Government and Public Works could issue enforcement orders against non-compliant developers.

She said legal enforcement was provided for under Section 33 of the Regional, Town and Country Planning Act as part of development control.

“Generally, the developers are advised to suspend operations until all requirements are met,” said Deputy Minister Ncube.

On whether developers could pass EMA-related costs to buyers, she said this 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.

The deputy minister added that she convened a meeting in her capacity as Tsholotsho South Member of Parliament on April 14, 2026, which brought together landowners, developers, Umguza Rural District Council, EMA, the Umguza District Development Coordinator, relevant Government ministries, the Department of Spatial Planning, the council chairman and councillors.

The meeting discussed developer compliance, service delivery, title deeds, subdivision permits, change of use and building inspections, with stakeholders agreeing that proper procedures must be followed before development begins.

She advised prospective buyers to establish that the land is registered with the Surveyor-General and covered by an approved general plan before committing themselves.

“They should also ask for the subdivision permit from the Department of Spatial Planning, the title survey diagram from the Surveyor-General, the development permit from the local authority, and the compliance certificate.

“That certificate is issued once the developer has met the layout plan and approved engineering designs for water, sewer, roads and electricity,” she said.

EMA said Sambabezi Contractors breached Section 97 of the Environmental Management Act, which requires listed projects to be implemented only under an EIA certificate.

In a written response to The Herald dated October 1, EMA environmental education and publicity manager Ms Amkela Sidange said the Agency had issued Sambabezi Constructors with a level 11 ticket for implementing a listed project in the form of a housing development in Lot 17 of Lower Rangemore without an EIA.

EMA said the company had been ordered to apply for an EIA certificate before proceeding and urged prospective buyers to confirm that the certificate covered the specific subdivision or area.

Residents’ committee minutes circulated on June 24, 2026, and seen by The Herald, show that residents with structures on the land were asked to contribute US$20 each towards a US$5 000 bill, comprising US$1 000 for EMA and US$4 000 for an environmental consultant.

About 90 households have reportedly paid, pooling together about US$1 800.

One resident, who asked not to be named, said some felt they were being made to shoulder the developer’s obligations.

“We are now forced to pay for the developer’s incompetence, yet the ticket was issued to him directly,” the resident said.

Residents also expressed concern over the lack of visible progress despite making payments.

EMA did not indicate whether it had received any payment from the residents or the company.

However, the company’s lawyer, Mr Tshwene Sephuma of Dube, Mguni and Dube, said the money collected from residents was intended to pay an environmental consultant preparing the EIA report, rather than EMA.

Mr Sephuma acknowledged delays, but said they were beyond the company’s control, adding that the developer was working to comply with all relevant laws and regulations.

Meanwhile, construction was continuing at Lot 17 when The Herald visited on September 29, with workers laying foundations and bricklaying beside completed houses.

Beacon of Life Institute director Mr Sabelo Mapasure said construction was also taking place on land his organisation claimed as theirs, despite disagreements over the property’s status.

“If they do not allow us to build, how come the people they sold the stands to build within a short period? And they are still building,” he said.

Mr Mapasure said his organisation’s lawyers were negotiating cancellation of the agreement, while the company’s lawyers had, in a letter dated August 7, 2026, warned against building on the stands.

The Herald has seen no signed cancellation agreement or court order.

Mr Sephuma said construction on the affected stands had not been authorised by Mr Maphosa.

“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,” he said.

He said selling stands was lawful once a subdivision permit existed, but construction before issuance of a development permit was not.

Professional Land Surveyor at the Department of the Surveyor-General in Bulawayo, Mr Augusten Magaya, said approval of the general plan had been delayed by technical issues.

He said a subdivision permit had been issued by the Spatial Planning Department, while a development permit could only be issued after the survey was approved.

Mr Magaya said the general plan could not be approved until the survey matched the approved layout plan.

Source: Non-compliant housing developers ordered to suspend operations – herald

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