Suburban
The High Court has ordered the City of Harare to stop any development on a Tynwald South stand which residents argue should be reserved to build a public primary school.
Suburban Reporter
Justice Tawanda Chitapi last week reserved judgement in the application by Tynwald residents through the Harare Residents Trust to stop the City of Harare from converting the stand for any other purposes other than the building of a public primary school.
In the interim, Justice Chitapi ordered the City of Harare to ensure no development takes place on the piece of land until he has delivered his judgment on the dispute.
In a statement, the Harare Residents Trust confirmed that Justice Chitapi had reserved judgment but granted an interim order preventing any development or allocation of stands on the piece of land in dispute.
“The residents are accusing the City of Harare of converting to other purposes a stand initially designated for the construction of a public primary school in Tynwald South. Tynwald South residents currently send their children to Kuwadzana, crossing Bulawayo Road, risking the lives of their children. Their children also attend school in Dzivarasekwa, Budiriro and other suburbs. This has meant that the about 1 200 households in Tynwald South have been deprived of their children’s right to primary and secondary education in terms of the Constitution and the Education Act,” the residents’ body said in the statement.
Advocate Fadzayi Mahere instructed by Fiona Iliff from the Zimbabwe Lawyers for Human Rights is representing the Harare Residents Trust while the City of Harare is represented by Mr Edwin Moyo.
“Justice Chitapi yesterday delivered the following order concerning the ongoing dispute between the residents of Tynwald South fronted by the Harare Residents Trust and the City of Harare.
“Below is the interim order issued during the hearing in the High Court;
This is the interim order from Chitapi J:
· Judgment is reserved.
· Pending judgment, the City of Harare shall not allow any development on stands 2164 or 2165 or process any documents or take any action to alienate the said stands to any other persons or entities.
“Residents want their primary school in Tynwald South. They are determined to claim their rights,” said the Harare Residents Trust.
Most new suburbs in Harare have no public primary and secondary schools forcing children of residents in these suburbs to travel to neighbouring suburbs or even across town to attend school putting them at danger as they cross busy and congested roads to get to school.
The students also face transport challenges because public schools do not provide transport for their students because they enroll students based on the zoning system and they assume all the students under their enrolment live within distance of the school.
