NHC, tenants tussle over demolition notice

Dar es Salaam. A bitter controversy has ensued following the decision by the National Housing Corporation (NHC) to contract an auctioneering firm to demolish five buildings categorised as dilapidated at the city centre.

Tenants occupying the buildings located on Block 32 along Samora Avenue, Mkwepu and Bridge streets are up in arms against the decision, saying it is illegal and is being done while the tenant contracts are still valid.

Fosters Auctioneers & General Traders placed a public notice in the media yesterday saying it has been contracted by NHC to carry out the demolition tomorrow following a court ruling on Wednesday that favoured their client.

The tenants’ spokesman, Mr Emmanuel Salehe, said that not only was the 24-hour notice given not enough, but they also had filed a case in court to stop the demolition, with a mention scheduled for November.

“We doubt whether the court ruling they have mentioned is valid. We have not seen any court documents and to our understanding the case is still pending in court,” Mr Salehe noted.

Furthermore, many tenants here have paid rent and hold tenure contracts with the NHC, which are still valid. One of the tenants, the Tanzania Assemblies of God, Tandika Magomeni showed The Citizen copy of a lease of tenure and a rent payment receipt, all of which showed that the contract with their land lord ends in November this year.

“We have seen the notice even though it came late and most of us had closed the business. But, the letter itself is lacking legal recognition because there is a pending case at the High Court.

“Not only that, but we are also told that yesterday a ruling was issued but a court that made the ruling has not been mentioned. We have not seen any official court stamp on the notice, it’s not there,” said Mr Salehe. He added: “We are ready to vacate from these buildings but proper procedures must be followed,” he noted.

For his part, the NHC boss, Mr Nehemiah Mchechu, when contacted over the phone, said he was on leave, so he was not in the position to make any comment on the matter. But efforts to reach the NHC Public Relations Officer, Mr Yahaya Charahani, proved futile as his phone was not reachable.

The Ilala Regional Police commander, ACP Marietha Komba, who was also served with a copy of the demolition notice said they have not given a go-ahead to Fosters Auctioneers and General Traders to demolish the building on behalf of NHC because they were yet to verify if the firm had all the legal mandate to carry on the demolition.

“We cannot allow them to demolish the structures before we verify the documents they have, including the court order,” he said

“However, this may take sometime to verify, given the fact that it is public holiday. Apart from the letter, we have nothing else from them,” she said.

However, Mr Davis Mwiga, an official with Fosters Auctioneers and General Traders told The Citizen that the demolition must be implemented as scheduled.

He said the police were served with the notice so as to just to provide security and have no mandate to object to the decision.

“As to this, we from 6am on Saturday start the work,” said Mr Mwiga.

He maintained that the tenants were aware that the demolition could be carried out at any time. He said that NHC has decided that the structures get demolished because the they were dilapidated and the site has been given to another developer.

He added further that NHC was ready to compensate rent balances to tenants.

Tenants also said NHC erred in continuing to collect rent from the, amid plans to demolish the buildings.

They lamented that the notice letters were distributed at the time when most business owners in the premises had closed offices and left for the long weekend.

According to tenants, the latest rent payments were made on 6 august, one day before the notice was issued.

“In the past, NHC informed us of its plans and wanted us to shift because it wanted to give the site to another investor. But, we were also willing to discuss investment terms with them for we have the capacity.

“It was on that basis that we started joint meetings as part of the preparations, but somehow NHC turned against us,” said Mr Salehe.

Initially the NHC filed a case against its tenants claiming that the buildings were not safe for habitation, however, the court of law declared that the decision was unlawful for the structures were suitable for residence.

He urged the government and the police to protect the people and their property as they wait for the development of the pending case in court.

“Other people especially those who closed their shops and travel up-country for holiday are likely to lose their properties if the police do not intervene,” he warned.