happiness Chikwanha
H-Metro Reporter
Harare City Council Urban Planning Services acting director Samuel Nyabezi is under fire after he allegedly violated a High Court order that directed the United Methodist Church, Borrowdale Circuit to stop construction of a church building in the residential area.
In a judgement, on June 5, 14 Borrowdale community residents were granted an interdict to stop any further developments by church at site.
Despite the judgment, the church approached Nyabezi to apply for temporary permit and he approved it without following procedure.
Documents seen by this publication show that the Church was set to comply with certain regulations including building proper ablution services, parking area and water services to accommodate its congregants but failed to do so.
The residents had filed against the United Methodist Church and Harare City Council before Judge Munangati-Manongwa.
Justice Munangati-Manongwa handed the judgement on case HCH 2095/23 and ruled that operations by the church must be halted.
“This is a Town Planning Permit only and is not an authority or permission to operate.
“Permission/License to operate shall be obtained from the Director of Health Services upon fulfillment of his/her requirements as well as those of the Chief Fire officer.
The judge further said.
“The wording of the aforementioned permit is clear that as far as permission or authority to operate is concerned, it is obtained upon fulfillment of certain requirements.
Nothing filed of record shows that such permission to conduct its church services was therefore acquired by the church.
“From the wording of the aforementioned part of the Town Planning Permit, it is clear that what the church acquired was a town planning permit which explains why the Town Panning Permit is not definitive on the permission to operate. ”
The ruling made it clear that the church was acting in violation of the law.
“Continued operation by the first respondent is a clear invasion of the applicants’ rights.
“The residents’ right to peaceful occupation of their houses having been infringed by the church’s unlawful conduct, an interdict is the appropriate remedy which can bar the first respondent from continuing its church activities which infringe on the applicants’ rights.”
“The balance of convenience weighs heavily in favour of the residents given the church’s inconsiderate behavior of persisting with unauthorized activities.” read part of the ruling.
The judge submitted that the dispute started in 2016 and to date the church has failed to do the needful by acquiring the required permit so that it continues with its church activities, a development which justifies an interdict under the circumstances.
Court records indicate that the church bought a residential stand along Doveton street in Borrowdale and later applied to Harare City Council for change of use to a church.
During this period the Harare City Country, processed a report to grant a permit.
Nyabezi said the Harare City Council, Environmental Management Committee approved the permit.
“However, the Church could not construct their building within two years as stipulated in the permit hence it expired,” said Nyabezi.
He said the Church made a renewal of the permit and was granted by the Works and Town Planning Committee and building plans were submitted and approved.
Harare City Council states that the Church should not play musical instruments as this was tantamount to noise pollution.
Mathew Masinge
Online Reporter