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Innocent Ruwende Municipal Reporter
Harare City Council is reconsidering the proposed Harare (Control of Worship in Open Spaces) By-Laws 2015 which prohibit open space worshipping without its approval.
This followed 22 objections raised by apostolic and pentecostal churches.
But the city is set to re-introduce the by-law with a few changes after it refused to accede to most of the objections made by the churches.
Under the new Harare (Control of Worship in Open Spaces) By-Laws 2015, the city wanted to prohibit open space worshipping without council approval by way of a permit issued by council.
The new by-laws require public worship places to have ablution facilities and potable water and be inspected by an environmental health officer in terms of the Public Health Act and other health by-laws.
The new laws require a person to submit an application through the environment health officer before conducting open air worshipping and council has the discretion to approve or decline such applications having taken into consideration the Public Health Act.
According to recent minutes of the Environmental Management Committee, council received 22 objections from the Pentecostal Apostolic Church, Johane Masowe-Chishanu Apostles, Central Fellowship Apostolic Church, Ebenezer Holy Church and the Council of Apostolic Church of Zimbabwe, among other sects.
The city noted that in terms of Section 228(7) (b) of the Urban Council’s Act (Chapter 29:115) it was required to re-consider the proposed by-laws together with the objections.
“The committee noted that the objections were similar in respect of all churches and these centre in, inter-alia, the following, there was no clarity as to who the Environmental Health Practitioner or other authorised person was,” read part of the minutes.
“The query was; was it the head of Environmental Management Agency or director of Health Services of the City of Harare.
“There was no clarity as to what permanent/temporary toilets meant.
“It had been said that if temporary toilets refer to those portable toilets used at functions such as weddings, this would have financial implications as well as the disposal of waste is concerned.”
The churches also wanted a hint of what the permit fees would be and they also argued that the restriction time of 10am to 6pm infringed upon the freedom of worship and assembly
In the council minutes, the city argued that it would not accede to the objections, save for clearly defining temporary toilet as a portable toilet or a water borne system toilet connected to a septic tank so that churches do not construct Blair toilets at their places of worship.
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