Suburban
DISPUTES over noise pollution continue to mount in the northern suburbs with aggrieved parties approaching the courts for recourse as the noise emanating from wedding venues, entertainment joints and churches threatens peaceful coexistence in Harare’s residential areas.
The latest wrangle is between Carrick Creagh residents and owners of a wedding venue in their neighbourhood, Umwinzii Gardens.
Two weeks ago, the Borrowdale Brooke residents and Gokwe-Nembudziya Member of Parliament Justice Mayor Wadyajena were also locked in a dispute over noise allegedly caused by the MP while driving around the neighbourhood in one of is posh cars.
Brooke residents also accused Cde Wadyajena’s workers of making noise.
The High Court has since ordered Umwinzii Gardens owners Earlysals Investment (Pvt) Limited to install a sound proof system at the wedding venue by December 31, 2022 and limit the number of cars driving in and out of the venue.
The order followed a notice given to Earlysals Investment (Pvt) Limited by the Carrick Creagh Home Owners Association to immediately cease all operations at the wedding venue.
The High Court ordered Umwinzii Gardens to strictly allow 40 vehicles, install sound proofing, provide a bus to ferry visitors and limit the flow of traffic at the wedding venue in Umwinsidale.
Carrick Creagh residents had complained about the noise from the venue and volume of traffic into the leafy estate, even though the association was charging entry fees to all those attending weddings.
However, the owners of the wedding venue filed an urgent application at the High Court arguing Carrick Creagh residents had no right to threaten it with closure.
The Umwinzii Gardens owners, who claim to have bookings until April 2023, say the action had caused a lot of harm to their clients who were now in panic mode.
The wedding venue owners bought the property from Arosume Property Development in 2011.
“It must be observed that the respondents are doing all this without following due process and without an order of (the) court.
“It must be pointed out that Umwinzii is duly licensed to operate a wedding venue and that the licence is due to be renewed in December 2022.
“The notification by the respondents was given prominence on social media and Umwinzii’s clients, with confirmed bookings, are panicking and have threatened to take legal action against it.
“Such conduct is financially harmful, causes inconsolable grief to the good name and standing of Umwinzii to a degree that even an order of costs may not restore,” argued Umwinzii in its papers.
After hearing the arguments, Justice Happias Zhou ruled that: “Umwinzii shall install sound proofing at the wedding venue to arrest the noise emanating from the venue on or before December 31st, 2022.
“The venue shall ensure that the volume of traffic is minimised by employing 10 x 75 seater shuttle buses to ferry guests to the venue with effect from December 31st, 2022.
“The bridal motor vehicles to access the wedding venue shall not exceed 40 in number at any event.
“In the event of the proprietor failing to satisfy the conditions specified, Umwinzii shall be granted a written further extension up to April 30, 2023, after which no activity shall be conducted at the event venue,” reads the judgment.
Cde Wadyajena approached the High Court after the Borrowdale Brooke Homeowners Association (BBHOA) that was accusing him of violating rules governing the upmarket estate, relegated him to use the visitor’s entrance.
The BBHOA accused Cde Wadyajena of disorderly conduct and making noise at night, disturbing the peace of fellow residents.
BBHOA chairperson Dr Shingi Munyeza wrote a letter reprimanding the MP before the association deactivated his vehicle tags and relegated him to using the visitors’ entrance.
Cde Wadyajena then made an application to the High Court against the association arguing that his rights were being infringed.
High Court Judge Justice Never Katiyo ordered the BBHOA to restore Cde Wadyajena’s access rights into the Borrowdale Brooke Estate.
“Whereupon after reading records filed of record and hearing counsel, it is ordered that by consent, the BBHOA shall immediately restore applicant’s access rights to the Borrowdale Brooke Estate by fully reactivating Wadyajena’s access tags.
“The BBHOA and its employees are hereby interdicted from deactivating Wadyajena’s access tags without following due process or the authority of a court order,” ruled Justice Katiyo.
A day after Justice Katiyo’s ruling, security at Borrowdale Brooke blocked Cde Wadyajena’s construction workers from entering the estate.
The MP wrote to lawyers representing BBHOA Mangezi, Nleya and Partners, protesting over the decision to bar his construction workers from entering the premises.
“The barring of our client’s construction workers is unlawful as our client is in full compliance with the estate’s architectural and planning regulations,” Wadyajena’s lawyers Machingura Legal Practitioners wrote.
“If your client insists on the contrary, then we challenge your client to the strictest proof of its claim.
“We also challenge your client to produce our client’s master file kept at the estate association offices within 24 hours hereof so that its contents are inspected and the duly approved plans, submitted several years back, are uplifted.”
Cde Wadyajena has threatened to approach the High Court. — Suburban Reporter/H-Metro
