Judge condemns Harare over dereliction of duty

Fidelis Munyoro

Chief Court Reporter

The High Court has delivered a resounding indictment against the City of Harare, condemning its flagrant neglect of landlord responsibilities towards the residents of Mbare Flats, who have been subjected to deplorable living conditions.

Justice Priscilla Munangati Manongwa’s ruling compels the city to undertake immediate renovations, ensuring these accommodations meet the basic standards of human habitation.

This landmark judgment not only holds the City of Harare accountable but also implicates four critical government departments: the ministries of Local Government, National Housing, Health and Child Care, and Environment, Climate and Wildlife.

Each is mandated to fulfil its statutory obligations to rectify the dire circumstances faced by the tenants of Matapi, Matererini, Mbare Flats, Nenyere and Shawasha hostels.

Justice Munangati articulated a clear breach of both common law and statutory duties by the local authority, emphasising that the City of Harare’s dereliction has resulted in the residents enduring squalid and intolerable living conditions.

“The City of Harare is compelled to fulfil its mandatory statutory and common law obligations as a landlord,” she stated, asserting the necessity for the flats to be rendered safe and suitable for habitation.

The court’s orders are unequivocal: the City of Harare must restore essential services, including a functional water and sewer reticulation system and adequate sanitation.

Furthermore, Local Government and Rural Development Minister Daniel Garwe and National Housing Minister Soda Zhemu are required to provide temporary shelter, such as tents, along with basic services during the necessary rehabilitation and refurbishment of the hostels.

This entails a comprehensive plan ensuring that displaced residents are afforded security against eviction and access to vital amenities like water, sanitation, and electricity.

Minister Garwe is specifically tasked with ensuring the swift restoration of essential services vital for the health and safety of the affected residents, including the provision of clean potable water and efficient refuse disposal.

Health and Child Care Minister Douglas Mombeshora bears the crucial responsibility of implementing measures under the Public Health Act to prevent potential outbreaks of disease, while Environment, Climate and Wildlife Minister Sithembiso Nyoni is directed to take immediate action to mitigate pollution surrounding the hostels.

This ruling is not merely a legal victory; it is a clarion call for accountability and a reminder of the fundamental rights owed to every resident.

The City of Harare is now under judicial scrutiny, tasked with rectifying its failure and restoring dignity to the lives of those it serve.