The High Court has ordered the City of Harare to rehabilitate and refurbish dilapidated hostels and flats in Mbare, ensuring they are safe and habitable for residents.
This landmark judgment was delivered by Justice Nyaradzo Munangati-Manongwa on December 11, following a legal challenge by Mbare resident Israel Mabhoo and the Combined Harare Residents Association (CHRA).
The lawsuit, brought against the city fathers and several government ministers, accused the authorities of failing to provide proper living conditions for residents.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), who represented Mabhoo and CHRA, residents have been forced to endure “squalid conditions, which are unfit for habitation.”
Justice Munangati-Manongwa ruled that tje city council had neglected its statutory and common law obligations as both landlord and local authority.
“The City of Harare has breached its legal duty to the residents or tenants of these hostels by neglecting basic obligations,” the judgment stated.
As a result, the hostels in Matapi, Matererini, Mbare Flats, Nenyere (also known as Magaba), and Shawasha were described as being in a state of disrepair, exposing residents to unsafe and intolerable living conditions.
The court ordered City of Harare to immediately commence the refurbishment of the hostels. This includes restoring essential services such as water and sewer systems, improving sanitation and hygiene through regular cleaning and refuse collection, and installing fire safety equipment, including extinguishers, warning devices, and adequate escape routes.
The ruling also directed Local Government Minister Daniel Garwe and National Housing Minister Zhemu Soda to ensure the provision of temporary shelter, such as tents, for residents who may need to vacate their homes during renovations.
Justice Munangati-Manongwa emphasized the importance of a comprehensive plan to protect residents, including measures to guarantee access to sanitation, water, electricity, and cooking facilities while work is underway.
Furthermore, Health Minister Douglas Mombeshora was instructed to take necessary measures to prevent disease outbreaks in the affected areas, in accordance with the Public Health Act.
Environment Minister Nqobizitha Ndlovu was ordered to address environmental pollution in and around the hostels.
ZLHR hailed the judgment as a significant step toward holding authorities accountable.
“This ruling reaffirms the rights of residents to live in safe and decent conditions,” the organization stated.
The case is seen as a victory for the residents of Mbare, who have long endured neglect and poor living conditions.
