By A Correspondent| Harare City Council’s Acting Director of Urban Planning Services, Mr. Samuel Nyabezi, is facing criticism for allegedly defying a High Court order that barred the United Methodist Church (UMC) Borrowdale Circuit from continuing construction of a church in a residential area.
The matter stems from a ruling delivered on June 5, 2025, by Justice Munangati-Manongwa in case HCH 2095/23. Fourteen Borrowdale residents had approached the court, citing illegal operations by the church and inaction by the City of Harare. The court sided with the residents, ordering a halt to church activities on the contested property.
According to the judgment, the permit initially issued to the church by the local authority was merely a Town Planning Permit, which does not authorize operational activities without clearance from the City’s Health Services and Chief Fire Officer.
“The wording of the aforementioned permit is clear… permission or authority to operate is obtained upon fulfillment of certain requirements,” read part of the judgment. “Nothing filed of record shows that such permission was acquired by the first respondent [the church].”
Justice Munangati-Manongwa further ruled that continued church operations amounted to an infringement on the residents’ rights to peaceful enjoyment of their homes.
“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,” the ruling stated. “The balance of convenience weighs heavily in favour of the applicants.”
The dispute dates back to 2016, with the court highlighting that the church had ample time to regularize its operations but failed to meet the necessary legal and procedural requirements.
Records indicate that UMC purchased a residential stand along Doveton Street in Borrowdale and applied to Harare City Council for a change of land use. A report was processed by the Environmental Management Committee, which approved the permit. However, the church failed to commence construction within the required two-year period, rendering the permit invalid.
Mr. Nyabezi confirmed that the church later sought a renewal, which was approved by the Works and Town Planning Committee. Subsequently, building plans were submitted and sanctioned. The church also obtained a temporary permit directly from Nyabezi’s office.
However, a site visit revealed glaring deficiencies at the construction site — including lack of proper ablution facilities, no designated parking, and inadequate water supply.
Despite these shortcomings, council reportedly allowed the church to proceed under the temporary permit, which drew sharp criticism from residents.
“There’s no justification for overriding a High Court order with a hastily issued temporary permit,” said a resident representative. “This raises serious questions about transparency and corruption within council.”
Harare City Council had also stipulated that the church refrain from playing musical instruments due to noise concerns, but residents claim this condition has been ignored.
In response to inquiries, a church official, identified only as Mrs. Gatsi, said the legal matters were being handled by their lawyers at Scanlen & Holderness.
Residents insist the council’s actions constitute a clear violation of both the court order and municipal by-laws.
“How does a church get allocated land in a purely residential zone without any designated provision for religious activities?” questioned a nearby resident. “The law must be upheld regardless of who is involved — council letters don’t override court orders.”
Meanwhile, Mr. Nyabezi is reported to have defended the council’s decisions, maintaining that the permit issued by his office remains valid — a stance seemingly at odds with the court’s ruling.