Online Reporter
Fidelis Munyoro
Chief Court Writer
IN a case that pitted urban growth against the quiet serenity of suburbia, the High Court has ruled in favour of progress — clearing the path for a housing development in Glen Lorne to continue, despite objections from residents.
The Borrowdale Ratepayers and Residents Association (BRRA) had sought to halt the project, raising legal and constitutional concerns over the City of Harare’s approval of the development.
But in a judgment delivered with clarity and finality, Justice Joel Mambara found no fault in the city’s planning process.
The BRRA had hoped to turn a temporary court order into a permanent halt to construction by developer and businessman Mr Leonard Mukumba, arguing that the subdivision of land had been approved unlawfully.
They claimed the decision trampled on planning laws and threatened the rights of nearby homeowners — including the right to privacy, environmental safety, and fair administrative procedures.
But the court did not agree.
“The applicant has not established any clear illegality in the process by which the subdivision permit was issued,” Justice Mambara said, dismissing the concerns as unsubstantiated.
He ruled that the City of Harare had acted well within its legal bounds, guided by urban planning policies — particularly its densification strategy aimed at easing Harare’s chronic housing shortages.
While the residents may have hoped to preserve the tranquil, low-density character of their neighbourhood, the court found that such preferences could not override the lawful expansion of the city.
“The rights of the applicant’s members are not absolute,” said Justice Mambara. “They must be balanced against the rights of the developer and the broader public interest in expanding housing access.”
The association’s attempt to frame its case as a constitutional matter also fell short.
The judge noted that the BRRA had cloaked standard objections in the language of constitutional rights without offering concrete proof of any violation.
“One cannot cloak a standard grievance in constitutional garb,” he said pointedly, “and fail to seek a remedy for the supposed constitutional breach”.
With the gavel now firmly struck, the provisional order — granted in March 2025 to pause the development — has been lifted.
“The provisional order granted on March 28, 2025, is accordingly discharged,” ruled Justice Mambara.
The decision opens the door for Mr Mukumba to resume construction, bringing new homes — and perhaps new neighbours — to Glen Lorne.
