Zimbabwe: High Court Orders Harare City Council to Immediately Refurbish Mbare Flats in Landmark Ruling

The High Court has ordered the City of Harare and the government to refurbish Mbare flats with immediate effect to restore dignity to residents who have lived under “squalid and intolerable conditions” for years.

The landmark ruling follows an application by residents who told the court that the responsible authorities had long forgotten their mandate and should be compelled to do their work.

High Court judge Justice Priscilla Munangati-Manongwa ruled in favour of the residents and ordered the respondents to act swiftly.

Cited as respondents in the application were the City of Harare, Local Government, National Housing, Health and Environment ministers.

The applicants were the combined Harare Residents Association and one Israel Mabhoo

“Whereupon after reading documents filed of record and hearing counsel it is ordered that the City of Harar has breached its legal duty to the residents or tenants of Matapi, Matererini, Mbare Flats, Nenyere (also called Magaba) and Shawasha hostels situated in Mbare hostels in terms of the common law and statute by completely neglecting the basic duties and obligations of a landlord and local authority resulting in residents of the Mbare hostels living in squalid and intolerable conditions.

It is ordered that the City of Harare is compelled to fulfil its mandatory statutory and common law obligations as a landlord and the local authority of the said hostels or flats to make them safe and fit for human habitation.

“It is ordered that the City of Harare is compelled to immediately restore basic essential services such as a functional water and sewer reticulation system, the cleaning and sanitation of the said flats and hostels.”

The city was also ordered to collect refuse and install fire extinguishers, fire warning devices and fire escapes.

The judge also ordered the Local Government and National Housing ministers Daniel Garwe and Soda Zhemu together with the local authority to provide temporary shelter such as tents and basic services to the affected residents or tenants during the rehabilitation, renovation, refurbishment, rebuilding of the hostels where such actions require the residents to temporarily vacate from the hostels.

“Alternatively they are jointly and severally obliged to put in place a comprehensive plan and interim measures pending relocation to a temporary alternative accommodation guaranteeing security against eviction, access to sanitation, access to water, electricity or gas for heating, lighting and cooking, installation of chemical toilets to the affected residents.

“The National housing minister is ordered to take necessary measures in terms of the Urban Councils Act to ensure that the City of Harare forthwith or within a reasonable period of time provides or restores essential services such as the supply of safe, clean and potable water, refuse collection and disposal and sewerage system to the affected residents.

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The Health Minister, Douglas Mombeshora was ordered to take necessary measures in terms of the Public Health Act to prevent, contain or control the outbreak of diseases or pandemics at the hostels.

Mangaliso Ndlovu, the Environment minister, was ordered to take necessary measures to prevent pollution around the hostels.

There was no order with regard to costs.

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