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Pardon Gotora
Urban Scape
Many a times, people are compelled to sleep in the kitchen, lounge/dining room due to the inadequacy of sleeping space.
In worst case scenarios, one bachelor’s apartment in Mbare houses more than 10 people at any given time. Privacy is thrown out through the window.
At times it is veiled in curtains subdividing the room as radios or television sets play at high volume, disturbing the peace.
On average, houses provided by the public sector comprise one-roomed, two-roomed and four-roomed core houses.
Most of the old locations are characterised by four-roomed wet core.
Those with means have extended the dwelling units to accommodate the enlarged or extended family, or as an entrepreneurship initiative (to expand the rental base).
However, we still have two-roomed core houses that were built in the 1980s, for instance, “ZviZvobgo” in Unit N, Chitungwiza.
Several blocks of two-bedroomed flats were built in the 1980s, 1990s and 2000s countrywide.
For instance, Dombotombo in Marondera, Khumalo in Bulawayo, Third Street in Gweru, Spitskop in Gwanda and Mt Darwin Flats in Bindura.
Post 2010, we also witnessed the construction of additional flats at Willowvale Flats site, Mufakose Flats site and Tafara Flats site. So the trend started pre-independence and it is still obtaining.
But when one looks at the average household in the high density suburbs of Zimbabwe, usually we have a father, mother, four biological children, two or more extended family members and a maid in some instances.
Adding up the numbers, you have approximately 10 persons per household housed in on average a four-roomed house.
Forget about the lodgers to augment one’s income. When one is sleeping in the kitchen or lounge, there is no luxury of waking up late.
When others want to watch television into the odd hours, it means you have to summon all your gymnastics of switching off your body system completely, with your ears and eyes shut.
Sleeping on the floor accommodates more numbers than on a double-bed. One always prays that the one sleeping in the kitchen or lounge has no bed-wetting challenges.
The girl child deserves some dignity in her sleeping space. At times due to age or numbers, she is forced to sleep in the lounge/dining. In some suburbs, one has to pass through the lounge when visiting the rest rooms.
When she is in deep sleep, she is usually oblivious of her surroundings, and it is the prerogative of the “passer-by” to cast eyes away. Sexual abuses have been reported in some instances due to shortage of dignifying sleeping space.
The bottom line is that the dwelling unit is overcrowded, end of story.
However, one begins to ponder, “is overcrowding an offence”? The simple answer is yes, it is an offence. The Housing Standards Control Act (Chapter 29: 08), (hereinafter referred to as the Act) which is administered by the Minister of National Housing and Social Amenities, clearly states that; “A dwelling shall be deemed to be overcrowded if-
The number of persons sleeping in the dwelling is such that any two of such persons;
Being persons 10 years or more of age of opposite sex and
No persons living together as husband and wife; must sleep in the same room . . .”
The next question is, so what happens when a dwelling is considered to be overcrowded?
The Act points out that, where an authority considers that any dwelling within its authority area is overcrowded, it may apply to a housing court for an abatement order.
This implies that, the authority is allowed at law, to reduce the number of persons in the dwelling.
All they are required to do is to apply to a housing court in writing for an abatement order.
The one responsible for the dwelling concerned is served abatement summons in a prescribed form or in the same manner as a subpoena for the attendance of a witness at a civil trial in a magistrates court is served calling upon the responsible person of the dwelling concerned to show cause at the time, upon the date and at the place stated in the abatement summons why the abatement order should not be made:
According to the Act, the abatement summons contain the full description of the dwelling concerned and its location, the grounds upon which the authority considers that the dwelling concerned is overcrowded and the maximum number of persons which, in the opinion of the authority, should be permitted to occupy the dwelling concerned.
Thus, the abatement order specifies the total number of persons allowed to occupy the dwelling concerned.
It is, therefore, the obligation of the responsible person of the dwelling concerned to ensure that the occupation quota is observed within the period specified.
In other words, where an abatement order has been made in respect of the dwelling, the responsible person shall, within a period of seven days from the date when the abatement order was made, he or she is requested, in writing to determine which persons he/she will require to vacate the dwelling in order to reduce the total number of persons occupying the dwelling to the occupation quota and submit to the authority a list of the names of such persons.
It sounds weird, but it is what it is. Is the law overtaken by events, or the authorities have given people too much room to allow overcrowded dwellings to persist?
leeroy
Online Reporter