Suburban
BUILDING is reportedly continuing on two school stands in Tynwald South which are subject of a court action by residents against the City of Harare and the Ministry of Primary and Secondary Education.
Suburban Reporter
In May this year, the High Court ordered the City of Harare to stop any development on the stands which residents argue should be reserved to build a public primary school.
Justice Tawanda Chitapi reserved judgement in the application by Tynwald residents through the Harare Residents Trust (HRT) to stop the City of Harare from converting the stand for any other purposes other than the building of a public primary school.
But it appears construction is going ahead on the disputed land in contravention of the court order.
“Harare Residents Trust has made an official report against the City of Harare for the continued developments on two stands in Tynwald South suburb which are subject of High Court proceedings in a litigation filed by the Harare Residents Trust against the City of Harare and the Ministry of Primary and Secondary Education.
“In recent days, Tynwald South residents have voiced their concerns over the council’s dismal failure to uphold the High Court provisional order by Justice Tawanda Chitapi. Illegal developments have been witnessed and noted at stands 2164 and 2165 despite a provisional court order barring the developments pending the final judgement on the matter. Site visits have left the residents convinced that the City of Harare and the developers are working together to defy the Court Order,” the HRT said in a statement.
A service station nearing completion at the disputed stand.
Tynwald South resident and member of the HRT Emilia Mwale approached Dzivarasekwa Police Station and lodged a complaint against the developers and the City of Harare under RRB 4724040.
“This move will now spur the Zimbabwe Lawyers for Human Rights to file for contempt of court charges. Residents of Tynwald South do not have a public primary school neither do they have a public secondary school in their suburb.
“This has always forced parents with school going children to enroll them at schools in other suburbs like Dzivarasekwa, Kuwadzana, town, Mabelreign, etc, risking their children crossing busy roads, with a couple of recorded accidents claiming lives. In terms of the Education Act, there must be a school for every 500 houses,” said the HRT.
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.
