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Ivan Zhakata Herald Correspondent
In a ruling likely to affect construction projects on wetlands, High Court judge Justice Esther Muremba has ordered a property developer to stop constructing a wedding venue on a wetland in Harare, following objections lodged by some aggrieved residents.
The ruling was made on March 10.
The company, Glorious All Time Functions, started developing and constructing a wedding venue at Hillside Park wetland in Harare’s Hillside suburb in February, despite being barred from doing so by High Court judge Justice Owen Tagu in May last year.
This saw Hillside Park Residents Association, represented by Memory Mafo, Paidamoyo Saurombe and Fiona Iliff of the Zimbabwe Lawyers for Human Rights (ZLHR), filing an urgent chamber application for execution of Justice Tagu’s judgment.
In terms of Justice Tagu’s order, which is now in effect in terms of the order by Justice Muremba, the planned development on the Hillside Wetland has been ruled unlawful.
Glorious All Time Functions has been ordered to permanently cease construction work related to the development and remove all machinery on site.
In passing judgment, Justice Muremba said the first respondent shall immediately suspend all construction work of a wedding or function venue on stand number 19595 Harare Township, measuring 1,0195 hectares.
In their submissions, the Hillside residents had argued that Glorious All Time Functions was unlawfully constructing a wedding or functions venue with a capacity of 350 people on the Hillside Park wetlands.
The company had started the clearing process by ploughing the site with a tractor.
They said the development was unlawful as Glorious All Time Functions has not been issued with an Environmental Impact Assessment (EIA) certificate from EMA.
Further, the development is said to be violating section 46(2) of the Water Act.
It is also understood that the construction process was being undertaken without a development permit.
The Hillside wetland is the latest to be saved by a court following complaints by residents.
There is a campaign to save wetlands across the world, given their importance as a critical source of water, and helping reduce chances of flooding.
Online Reporter