KEY POINTS
- Harare City Council must refurbish Mbare flats and restore services.
- Authorities ordered to provide temporary shelter during refurbishment.
- Health, housing, and environment ministers tasked with resident welfare.
The High Court has issued a landmark ruling compelling the Harare City Council and the Zimbabwean government to refurbish Mbare flats immediately.
The decision aims to restore dignity and improve living conditions for residents, many of whom have endured “squalid and intolerable conditions” for years.
The ruling comes after residents, represented by the Harare Residents Association and activist Israel Mabhoo, filed a case arguing that local authorities had failed to fulfill their duty of care.
Justice Priscilla Munangati-Manongwa ruled in favor of the residents, declaring that the council had breached its legal obligations as a landlord.
The decision cited Matapi, Matererini, Nenyere (Magaba), Shawasha, and Mbare Flats as properties that must undergo immediate rehabilitation.
Justice Munangati-Manongwa stated, “The City of Harare has breached its legal duty to the residents or tenants of 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.”
Essential services to be restored for Mbare flat residents
The High Court’s ruling requires the City of Harare to restore basic essential services such as functional water and sewerage systems, regular cleaning, and sanitation of the flats.
This comes in response to long-standing complaints from residents who have had to endure unhygienic living conditions.
The court also ordered the installation of fire extinguishers, fire warning devices, and fire escapes to improve residents’ safety.
The Local Government and National Housing ministers, Daniel Garwe and Soda Zhemu, were directed to support the City of Harare in implementing these changes.
Justice Munangati-Manongwa further emphasized that temporary shelter must be provided to affected residents during rehabilitation.
According to New Zimbabwe, this could include the use of tents or other forms of temporary accommodation to ensure residents are not displaced without shelter.
In the event of temporary displacement, authorities must guarantee security of tenure for affected residents and ensure access to water, sanitation, electricity, and chemical toilets.
Government agencies ordered to play a role in Mbare flats rehabilitation
The landmark ruling placed obligations on several government departments, emphasizing a multi-stakeholder approach to ensure the well-being of residents.
The Local Government and National Housing Ministers were ordered to ensure that affected residents have access to temporary shelter and basic services during rehabilitation.
Health Minister Douglas Mombeshora was instructed to take the necessary measures under the Public Health Act to prevent disease outbreaks in the flats, particularly addressing the risk of waterborne diseases like cholera.
Meanwhile, Environment Minister Mangaliso Ndlovu was tasked with preventing pollution around the hostels to provide a cleaner environment for residents.
The court’s ruling underscores the need for a collaborative effort among local and national authorities to address the dire living conditions faced by Mbare residents.
While the ruling did not include an order for costs, it established a firm directive to prioritize residents’ welfare and dignity.
This decision is seen as a significant victory for human rights advocates, as it forces authorities to prioritize the well-being of some of Harare’s most vulnerable residents.
