NSSA and City of Harare's project hits legal roadb...

NSSA and City of Harare's project hits legal roadblock

Nyashadzashe Ndoro

Chief Reporter

The High Court has granted an interim interdict to members of the Gillingham Pay Scheme, restraining the National Social Security Authority and the City of Harare from proceeding with the construction of a junction at the Glaudina and Kuwadzana Extension junction.

The applicants, Biggie Mwoyoweshumba and Phillip Gardner, who are members of the Gillingham Pay Scheme, had approached the court seeking urgent relief after the City of Harare approved the construction of the junction, which they argued would encroach onto their already built structures, roads, and water reticulation infrastructure.

In his ruling, Justice Neville Wamambo found that the applicants had established a prima facie right and a reasonable apprehension of irreparable harm if the construction of the junction continued. He also found that the balance of convenience favoured the applicants and that they had no other alternative remedy in the circumstances.

The court granted the interim relief, restraining the respondents from proceeding with the construction of the junction pending the determination of the main dispute between the parties.

"I also find that the balance of convenience favours the applicants. They prima facie appear to face more prejudice if the application is not granted. Their infrastructure would be decimated and a permanent junction established if the interim order is not granted. On the other hand, the second respondent faces less prejudice in the circumstances. They are on the face of it the creators of the predicament that they now face," Justice Wamambo noted.

"As for the interim relief in this case I am of the considered view that applicants also have no other alternative remedy in the circumstances where construction of the junction is already in progress.

"I find in the circumstances that applicants deserve the relief they seek in terms of the draft order as amended."

The Gillingham Pay Scheme members had been allocated residential stands in Glaudina Township by the City of Harare in 2014, and had since developed the area, including the installation of water reticulation systems.

However, the City of Harare later approved the construction of the junction, which the applicants argued would destroy their infrastructure.

The matter will proceed to trial, where the main dispute between the parties will be determined.