Online Reporter
Fidelis Munyoro
Chief Court Reporter
PUBLIC Places and Hygiene Eye (Pvt) Ltd has been fined US$10 000 by the High Court for contempt of court over failure to comply with an earlier order to halt construction and demolition works at the Mbare Vocational Training Centre.
Justice Chitapi delivered the ruling in Harare on December 5, 2025, following an urgent chamber application filed by four applicants, including two students, a resident of Mbare, and the local Member of Parliament.
The case emerged after the applicants, Jimmy Fernando, Morest Tambarare, Oliver Vellem Jnr, Martin Matinyanaya, secured a provisional court order from Justice Zhou on September 23, 2025. The order stopped Public Places and Hygiene Eye and its agents from conducting any works that disrupted learning at the centre.
It also directed that the students be allowed to continue their courses without interference. Despite this, the applicants alleged the first respondent ignored the order, continued demolitions and carried out construction activities, disrupting academic programmes.
The court heard that the applicants, led by Jimmy Fernando, described the Public Places and Hygiene Eye (Pvt) Ltd’s actions as “unfazed” by the court’s authority.
“Despite service of the judgment, the first respondent has continued demolishing structures and carrying out construction works,” Mr Fernando stated in his affidavit.
He claimed these actions had made it impossible for students to access the premises or conduct classes due to noise, air pollution and site disturbances.
Photographic evidence was presented to support these claims.
Public Places, represented by its chief executive officer Mr Brighton Ushendibaba, denied the allegations and argued that no learning was taking place at the site. It claimed the Centre had been relocated to Chinembiri Vocational Training Centre in August 2025 and all students and staff had moved there.
However, the court dismissed this claim, noting that a joint inspection by the parties confirmed the presence of students engaged in practical learning activities at the site. Justice Chitapi expressed disbelief at Public Places’ failure to verify the status of learning during its site visit.
In his judgment, Justice Chitapi ruled that Public Places’ actions violated both Justice Happias Zhou’s September 23 order and a subsequent directive issued by the court on October 7, 2025, which explicitly halted all construction and demolition activities pending resolution of the case.
The judge rejected Public Places’ argument that its actions did not interfere with learning, stating that construction and demolition inherently disturb educational activities.
Justice Chitapi described Public Places’ conduct as wilful and mala fide.
“The first respondent did not seek a variation of Justice Zhou’s order nor appeal against it. It treated the court’s order as a non-event,” the judge stated.
