Martin Muleya
City of Mutare last Wednesday successfully took ownership and control of the iconic Courtald Theater, marking the end of a protracted legal dispute.
This development followed a court-ordered eviction of tenants who had unlawfully occupied the premises for several years.
The local authority had been seeking to reclaim the theater, citing a deed of transfer that stipulated ownership would revert to City of Mutare upon dissolution of the Courtald Association around 2017.
Soon after the dissolution of the association a group led by Henry Tsopotsa allegedly used force to take over the facility, operating it as their own and excluding council from its rightful benefits.
Addressing journalists during a press conference at Council Chambers on Friday, City of Mutare Town Clerk Blessing Chafesuka clarified that the eviction was a lawful enforcement of court rulings and not an attack on the arts community, as some might claim. He said the local authority aims to restore the theater to its former glory, promoting arts and culture in the city.
“The city initiated legal proceedings in 2016 to evict the unlawful occupants. After nearly 8years of litigation, the magistrate court granted an eviction order in 2023. The occupants appealed against the decision up to the Supreme Court but the appeal was turned down in August 2024, affirming council of its legal right to possession. Following the Supreme Court ruling, council instructed the messenger of Court to execute the eviction order but the occupants requested additional time until December 2024 to vacate the premises.
Chafesuka highlighted that Tsopotsa and his associates made the request for extension of time to vacate to move out of the premises through their lawyers who made the appeal to Central Government. They were allowed to wind up their business up to December 2024 but later the occupants reneged on their promise.
“The occupants requested additional time to vacate the premises and made the request through their lawyers. They also made their appeal through our Principals in Central Government. After those engagements we allowed them to wind up their business up to December 2024 and we were acting in good faith. We told their lawyers to come and sign a deed of settlement unfortunately the occupants became evasive and continued illegally collecting rentals from third parties thereby depriving the city of its revenue. Their failure to honor even the most basic commitment demonstrates a disregard for due process and rule of law,” said Chafesuka.
He said during the period of unauthorized occupation, the theater suffered severe neglect and the building is said to be in a state of disrepair and will require extensive renovations before it can be used by the public.
“Of more concern is the fact that the theater has been converted to spaces that are non-cultural including hair salon, car wash, private offices and illegal food outlets. All this is contrary to its original intended use as a cultural and artistic centre. This inappropriate use of the premises did not only degrade the physical infrastructure but also undermined the heritage and purpose of the facility.
Chafesuka added that the future for Courtald Theater is bright and the council will work hard to enhance its value for the benefit of the residents.
He said Courtald Theater remains a Government owned property. Contrary to speculations doing the rounds on social media, he affirmed that there was no change in use of the facility, rather the council intends to expand its function by roping in the National Museums and Monuments of Zimbabwe (NMMZ) Mutare office for its cultural and educational offerings.
He reiterated that once renovated the theater will be available to all artists and cultural groups in Mutare on a fair and equitable terms. Former tenants like Tsopotsa and his associates will have access to the facility like any other citizen or group.
“We have not decided to target Tsopotsa and his colleagues. They are going to have full access of the property just like any other artist or performing group. But the property should be in the hands of council. We are going to construct new housing director’s office next to the Courtald Theater, because it is the responsibility of the Housing Director to coordinate and manage issues of arts within city of Mutare,” said Chafesuka.
With control now in the hands of City of Mutare, the future of Courtald Theater looks promising, with potential for renewed vibrancy and community engagement.
