Vendors defy court order

Fidelis Munyoro Chief Court Reporter
vendors who were evicted from the popular place Pasadza near Gail Court along Samora Machel Avenue in Harare have defied the High Court order as they are back in business.The vendors were evicted in January. This was after Topwheels Car Marketing (Pvt) Ltd, adjacent to the place, obtained an eviction order against Marketing Sales (Pvt) Ltd, owner of the place, City of Harare, Loveness Mutepfa, Kimbeni Bibishe, Rosslyn Muchero, Allan Chowa, David Josiah, George Maziwisa, Flex Bottle Store, Virginia Njunjira and Longina Zvasiya.

According to Justice Owen Tagu’s order, the vendors were interdicted from operating at the premises without obtaining the requisite licences.

“The third (Mutepfa), fifth (Muchero), sixth (Chowa), tenth (Njunjira) and eleventh (Zvasiya) respondents shall remove their utensils, including removing braai stands and rubble as may result from the demolition of built-up fireplaces, which they have been using to cook food on open fires and further, they shall remove the shades under which they had built or were operating the fire places or braai stands as the case may be,” said Justice Tagu.

Marketing Sales, which leases the property to sadza vendors, was barred from authorising the carrying out of any food business at the place.

In its urgent application, Topwheels Car Marketing argued that the manner in which Marketing Sales operated its business was a danger, as it exposed the car dealer’s staff and clients to the risk of fire and diseases.

“There is real danger that if the operations there do not cease there will definitely be a disease or fire outbreak,” said Topwheels Car Marketing. That would lead to ghastly consequences.”