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    Thursday, 24 November 2016

    Residential scheme dispute: School head wins case against Shineplus

    •  I was told residential stand will be availed in 6 months

    MASVINGO – Mazare Secondary School head in Masvingo Rural, Stephen Takawira says he was shocked after joining Shineplus Housing Scheme that the residential stand which he was promised to get after paying instalments for six months would not come even after he paid for 27 months.
    Takawira in his court papers described Shineplus as a dishonourable organisation that cheats civil servants out of their money and urged the courts to protect Government workers.
    He terminated his contract with Shineplus after paying $50 instalments for two years and three months but would not be refunded a cent out of the $1 350 he contributed, he said in his court application at the Masvingo Magistrates' Court recently.
    Takawira who was represented by Golden Legal Aid told Magistrate Lyn Manyika that he joined the scheme in 2013 on the understanding that he would get a stand in Victoria Range in six months time but this did not happen. He continued paying but still will not get the stand.
    He then terminated the contract hoping to get his refund six months after termination but this again did not happen forcing him to approach the courts.
    Magistrate Manyika ordered Shine Plus to pay back the 60% which was about $850 plus $99 he incurred in transport and legal fees as he tried to get his money back.
    In its defense Shineplus pleaded with the Magistrate to throw away the claim made by Takawira. Shineplus said that according to its agreement the maximum period that a Plaintiff can wait to get a stand while paying instalments is 48 months or four years. Shine Plus insisted that Takawira had therefore breached the contract by terminating the contract after 27 months.
    Takawira however insisted that he was not told of the 48 months waiting period but six months. He said he at some stage realized that Shineplus did not have the land that it claimed it had for developments of stands.
    "Participants or beneficiaries freely and voluntarily join and commit by making monthly contributions. Consequently, the funds collected enable the members, through the Trust, to pool these resources together so that land is acquired, developed and allocated to members," said Shine Plus in its court arguments signed by the organisation's legal and compliance manager,
    Shineplus told the magistrate that the plaintiff was therefore tarnishing the organisation's name by making the claim.
    Takawira however, said that after terminating the contract, he went to Shineplus in January and found the offices closed, he went back in February and found the offices closed and when he went in March he was promised to be paid between April 1 and April 10.
    "In April the plaintiff was told that the defendant was mourning one of his workers who had drowned in Lake Kyle during Easter holidays. He was promised payment in May and in May the plaintiff was promised payment in June and again in June nothing was received thereby forcing the plaintiff to seek legal advice," said Takawira's court papers.
    Takawira declared in his court papers that Shine Plus was cheating civil servants.
    "The plaintiff prays to the honorable court for the defendant to pay back the plaintiff's money in one off payment since they are cheating civil servants when they do not have any land.
    "The plaintiff further prays that a judgment be made in its favour, to shun these housing schemes from further cheating civil servants," said Takawira.
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    Item Reviewed: Residential scheme dispute: School head wins case against Shineplus Rating: 5 Reviewed By: Staff Reporter
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