By Court Reporter
The High Court has ordered the City of Harare and the government to refurbish Mbare flats with immediate effect to restore dignity to residents who have lived under “squalid and intolerable conditions” for years.
The landmark ruling follows an application by residents who told the court that the responsible authorities had long forgotten their mandate and should be compelled to do their work.
High Court judge Justice Priscilla Munangati-Manongwa ruled in favour of the residents and ordered the respondents to act swiftly.
Cited as respondents in the application were the City of Harare, Local Government, National Housing, Health and Environment ministers.
The applicants were the combined Harare Residents Association and one Israel Mabhoo
“Whereupon after reading documents filed of record and hearing counsel it is ordered that the City of Harar has breached its legal duty to the residents or tenants of Matapi, Matererini, Mbare Flats, Nenyere (also called Magaba) and Shawasha hostels situated in Mbare hostels in terms of the common law and statute by completely neglecting the basic duties and obligations of a landlord and local authority resulting in residents of the Mbare hostels living in squalid and intolerable conditions.
It is ordered that the City of Harare is compelled to fulfil its mandatory statutory and common law obligations as a landlord and the local authority of the said hostels or flats to make them safe and fit for human habitation.
“It is ordered that the City of Harare is compelled to immediately restore basic essential services such as a functional water and sewer reticulation system, the cleaning and sanitation of the said flats and hostels.”
