Online Reporter
• Borrowdale residents win landmark case in battle against church
• High Court ruling could set a precedence giving power to residents
Latwell Nyangu
A HIGH Court ruling in the eight-year battle between residents of Doveton Avenue in Borrowdale and the United Methodist Church could set a precedent which gives power to the residents of Harare to challenge the holding of religious and commercial activities within their residential communities.
This could have a bearing on huge entertainment events, like musical shows, which are held in these neighbourhoods.
The ruling passes the onus onto the Harare City Council and other regulators to provide permits for such events where it is certain the residents will not be disturbed by activities at such functions.
The residents of Doveton finally won their eight-year battle with the UMC over the premises where the church was holding its services.
Justice Munangati-Manongwa issued an interdict prohibiting the UMC from holding services or events at 9 Doveton Road in Borrowdale, Harare.
The residents filed an application seeking to prevent the church from using the premises for services and events which cause considerable disruption in the area, such as congestion, road blockages, noise from all-night services, as well as vendors who want to earn money from activities associated with the church.
Justice Munangati-Manongwa noted in her judgment that the applicants had an established right to peaceful enjoyment of their neighbourhood, which has been disrupted by church activities.
Its continued operations, without proper authorisation, represented an invasion of residents’ rights.
“This ruling from the court serves as an important legal precedent regarding the necessity of acquiring permits before engaging in religious and commercial activity within residential communities, with the United Methodist Church being required to cease using Borrowdale premises for church services or events, until it obtains an operating license from local authorities.
“It is clear from the record that the applicants, being neighbouring residents to the first respondent, have a right to live peacefully and not be disturbed by unauthorised activities of the first respondent.
“It is common cause that Number 9 Doveton Road, Borrowdale, Harare, is residential area which if any person intends to use the premises for any purpose other than residence, he/she should be authorised through a permit for change of use.
“The applicant’s right is definitive and not open to doubt.
“From the facts, it is apparent that the applicants have been prejudiced since 2016 by the ongoing noise and congested environment as a result of the church services held by the first respondent, which if not barred, the applicant’s peaceful occupation of their premises will continue to be affected. Submission by the first respondent that its activities are authorised, placing reliance on the Town Planning Permit dated 27 June 2017 acquired from the second respondent (Harare City Council), is not legally tenable.”
She added:
“The residents believe these church activities contribute to further disruption by drawing them in for services, which further disrupts them as a community.
“The first respondent and all its members are hereby interdicted and prohibited from using premises at Number 9 Doveton Road, Borrowdale, Harare, for church services and using the said premises as an events venue without an operating permit or license.
“The first Respondent to bear the cost of suit,.”
Court documents revealed that the United Methodist Church began operating at Borrowdale property in 2006 without first securing all required permits to conduct church services or use the space for events.
This prompted complaints to the City of Harare, which advised the church to close down operations until an application for a permit had been submitted and granted by 2017.
In 2017, a Town Planning Permit had been obtained for church operations despite the failure by the UMC to apply or produce proof that an operating license existed when asked by residents.
