Four months after a Zimbabwean court ordered City of Harare (CoH) and government to refurbish some hostels and flats in Mbare high-density suburb and spruce them up to make them safe and habitable, some Harare residents are grappling with an unprecedented and growing infestation of the bloodsucking parasites.
The outbreak of the bed bug menace in Mbare high-density, which is making life miserable for several residents, comes some months after Zimbabwe Lawyers for Human Rights obtained a landmark court order in December, where CoH was ordered by the High Court to refurbish some hostels and flats in Mbare high-density suburb and spruce them up to make them safe and habitable for residents.
The landmark court ruling was handed down on 11 December 2024 by High Court Judge Justice Nyaradzo Munangati-Manongwa after a Harare resident Israel Mabhoo and the Combined Harare Residents Association (CHRA) sued CoH and some ministers for dereliction of duty and for condemning residents to live in some squalid conditions, which are unfit for habitation.
Mabhoo and CHRA were represented by Denford Halimani of ZLHR.
According to the terms of the court order, Justice Munangati-Manongwa ordered CoH to fulfil its mandatory statutory and common law obligations as landlord and the local authority of Matapi, Matererini, Mbare Flats, Nenyere (also Magaba) and Shawasha hostels situated in Mbare by taking immediate steps to rehabilitate, renovate, refurbish, rebuild the hostels or flats to make them safe and fit for human habitation.
The High Court Judge ruled that CoH had 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.
The local authority was ordered to immediately restore basic essential services such as a functional water and sewer reticulation system, the cleaning and sanitation of Matapi, Matererini, Mbare Flats, Nenyere (also Magaba) and Shawasha hostels situated in Mbare, the collection of refuse and installation of fire extinguishers, fire warning devices and fire escapes.
CoH, Local Government and Public Works Minister Daniel Garwe and National Housing and Social Amenities Minister Zhemu Soda, who were cited as respondents in CHRA and Mabhoo’s application, Justice Munangati-Manongwa ruled, should provide temporary shelter such as tents and basic services to the affected residents or tenants of Matapi, Matererini, Mbare Flats, Nenyere (also Magaba) and Shawasha hostels situated in Mbare during the rehabilitation, renovation, refurbishment and rebuilding of the hostels, where such actions require the residents to temporarily vacate from the hostels.
Alternatively, the High Court Judge ruled that CoH, Garwe and Soda, should 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, installation of chemical toilets to the affected residents of Matapi, Matererini, Mbare Flats, Nenyere (also Magaba) and Shawasha hostels situated in Mbare.
Soda was ordered to take necessary measures in terms of the Urban Councils Act to ensure that CoH 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 residents of Matapi, Matererini, Mbare Flats, Nenyere (also Magaba) and Shawasha hostels situated in Mbare.
Health and Child Care Minister Mombeshora was also ordered to take necessary measures in terms of the Public Health Act to prevent, contain or control the outbreak of diseases or pandemic at the aforementioned hostels in Mbare while Hon. Sithembiso Nyoni, who served as Environment, Climate and Wildlife Minister, was ordered to take necessary measures in terms of the Environmental Management Act to protect the environment from being polluted or degraded in and around the hostels in Mbare.