HARARE – The City of Harare has neglected the basic duties of a landlord by subjecting its tenants at Mbare Flats to “squalid and intolerable conditions,” the High Court has ruled.
Justice Priscilla Munangati Manongwa has ordered the city to immediately renovate the flats and make them suitable for occupation by humans.
The judgement also places obligations on four government departments – the ministry of local government, ministry of national housing, ministry of health and ministry of environment – which have been instructed to fulfill their respective mandates.
The ruling followed an application by the Combined Harare Residents Trust and an affected resident Israel Mabhoo.
The judge ordered: “Whereupon after reading documents filed of record and hearing counsel it is ordered that the City of Harare has breached its legal duty to the residents or tenants of Matapi, Matererini, Mbare Flats, Nenyere (also called Magaba) and Shawasha hostels situated in 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.
“It is ordered that the City of Harare is compelled to fulfil its mandatory statutory and common law obligations as landlord and the local authority of the said hostels or flats to make them safe and fit for human habitation.
“It is ordered that the City of Harare is compelled to immediately restore basic essential services such as a functional water and sewer reticulation system, the cleaning and sanitation of the said flats and hostels.”
Local government and national housing ministers Daniel Garwe and Soda Zhemu were ordered to provide temporary shelter such as tents and basic services to the affected residents or tenants during the rehabilitation, renovation, refurbishment and rebuilding of the hostels where such actions require the residents to temporarily vacate from the hostels, working together the City of Harare.
The judge said they are obliged to put in place a comprehensive plan and interim measures pending relocation to a temporary alternative accommodation guaranteeing security against eviction, access to sanitation, access to water, electricity or gas for heating, lighting and cooking and installation of toilets to the affected residents.
Garwe was ordered to ensure that the local authority forthwith or within a reasonable period of time provides or restores essential services such as the supply of safe, clean and potable water, refuse collection and disposal and sewerage system to the affected residents.
Health minister Douglas Mombeshora must take necessary measures in terms of the Public Health Act to prevent, contain or control the outbreak of diseases or pandemic at the hostels while Mangaliso Ndlovu, the Environment minister, was directed to take necessary measures to prevent pollution around the hostels.
