City Planning Boss Under Fire for Alleged Court Or...

City Planning Boss Under Fire for Alleged Court Order Violation

ZimNow Reporter

Samuel Nyabezi, the Harare City Council (HCC) Acting Director of Urban Planning Services, is facing scrutiny for allegedly violating a High Court order that directed the United Methodist Church, Borrowdale Circuit, to halt the construction of a church building in a residential area.

On June 5, 2025, Judge Munangati-Manongwa presided over the case (HCH 2095/23) brought by 14 Borrowdale community residents against the United Methodist Church and the Harare City Council. The judge ruled to halt the church's operations.

The judgement clarified the limitations of the church's existing permit: "This is a Town Planning Permit only and is not an authority or permission to operate. Permission/License to operate shall be obtained from the Director of Health Services upon fulfillment of his/her requirements as well as those of the Chief Fire officer."

Judge Munangati-Manongwa further stated, "The wording of the aforementioned permit is clear that as far as permission or authority to operate is concerned, it is obtained upon fulfillment of certain requirements. Nothing filed of record shows that such permission to conduct its church services was therefore acquired by the first respondent."

The ruling emphasised that "From the wording of the aforementioned part of The Town Planning Permit, it is clear that what the first respondent acquired is a town planning permit which explains why the Town Planning Permit is not definitive on the permission to operate."

The court's decision unequivocally stated that the church was acting in violation of the law. "Continued operation by the first respondent is a clear invasion of the applicants' rights. The applicants' right to peaceful occupation of their houses having been infringed by the first respondent's unlawful conduct, an interdict is the appropriate remedy which can bar the first respondent from continuing its church activities which infringe on the applicants' rights. The balance of convenience weighs heavily in favour of the applicants given the first respondent's inconsiderate behavior of persisting with unauthorized activities," read part of the ruling.

The judge noted that the dispute began in 2016, and to date, the United Methodist Church has failed to acquire the necessary permits to continue its activities, thereby justifying an interdict.

Court records indicate that the church purchased a residential stand on Doveton Street in Borrowdale and subsequently applied to the HCC for a change of use to establish a church. During that period, the HCC processed a report to grant a permit.

Nyabezi stated that the HCC Environmental Management Committee approved the initial permit. However, as the church did not construct its building within the stipulated two years, the permit expired.

Nyabezi explained that the church later applied for a renewal, which was granted by the Works and Town Planning Committee, and building plans were submitted and approved. Subsequently, the church approached Nyabezi to apply for a "temporary permit," which he approved.

Documents seen by this publication indicate that the church was supposed to comply with certain regulations. However, a visit to the residential area by this publication revealed a different reality. The church reportedly lacks proper ablution services, an adequate parking area, and sufficient water services to accommodate its congregants. The HCC's regulations also state that the church should not play musical instruments, as this would constitute noise pollution.

Borrowdale residents' representatives expressed shock that the local authority is reportedly failing to enforce these conditions. "How can a local authority override a High Court order?" questioned a representative. "The temporary permit granted by the authority was approved in a day, and that clearly shows a syndicate between council and church. We say no to corruption, and we abide by the rule of law, not a letter from council."

Nyabezi reportedly continues to insist that the council permit supersedes a High Court ruling. When contacted for comment, Mrs. Gatsi, the Borrowdale Circuit Church Secretary, stated that the issues raised are legal matters and that their lawyers at Scanlen and Holderness are best placed to respond.

Borrowdale residents maintain that there is a clear violation of court orders and city by-laws in a residential area. "How can a church be allocated land in a residential area where there is no designation for church activities?" a resident neighboring the church under construction questioned. "Surely, the law is not specific to different organizations; the law is the law, as per the court order and dates, not council papers."