Mathew Masinge, H-Metro Reporter
The Harare Residents Trust claims the City of Harare should be held in contempt of court for not suspending developments on a land reserved for a primary school in Tynwald South.
Last year, the HRT had challenged the local authority’s decision and obtained an interim relief under HC 5420/2020 wherein developments at stands number 2164 and 2165 in Tynwald were halted.
However, now the Trust claims despite the order, City of Harare willfully disregarded the order and is allowing developers to go ahead with activities on the land in question.
“Honourable Justice Chitapi reserved final judgment, but granted an interim order pending judgment against the City of Harare.
“Pending the judgment, the local authority shall not allow any developments to take place on stands 2164 and 2165 Tynwald South, Harare, nor to take any further processing of any documentation or action to commence or further any alienation of the stands to any other person or entity,” reads the interim order.
According to papers before the court, the HRT feels details of developers and the nature of the agreement existing between them and City of Harare must be made public.
“This is an urgent application for an interim order that the City of Harare be held to be in contempt of court for willfully disregarding the interim order in case HC 5420/20 by allowing developments to take place on stands 2164 and 2165 Tynwald South.
“For City of Harare to inform the HRT of the details of the developers constructing on stands 2164 and 2165 and the nature of any agreement with them,” said HRT director Precious Shumba.
The Trust also suggests the local authority be made to pay $20 000 as fine.
“The application also seeks a final order that the City of Harare be ordered to pay a fine of ZWL $20,000 for contempt of court that could be suspended for 30 days pending the demolition of structures, removal of machinery and all construction equipment, and restoration of land to the state that it was in prior to the unlawful activities.
“The constructions projects at stands 2164 and 2165 Tynwald South are already well underway and proceeding at a rapid rate, with the structure of a service station already constructed at stand 2165, and foundations dug and about to be built at stand 2164,” said Shumba.
Shumba argued that the application ought to be heard and determined on an urgent basis based on the fact that the projects are already underway that if left ongoing it will be hard to restore the land back to its original state.
Minister of Local Government, Public Works and National Housing, Minister of Primary and Secondary Education and Commissioner-General of Police are cited as respondents.
The matter is pending.