By Takudzwa Changadeya
The High Court has ordered the City of Harare and various government ministries to urgently address the appalling living conditions in Mbare hostels.
This ruling follows an application by residents who told the court that the responsible authorities had long forgotten their mandate and should be compelled to do their work.
High Court Judge Justice Nyaradzo Munangati-Manongwa, declared that the current state of the hostels violates the legal obligations of the city as a landlord and local authority.
“The 1st Respondent [City of Harare] has breached its legal duty to the residents or tenants, by completely neglecting the basic duties and obligations of a landlord and local authority,” reads part of the judgment.
The hostels in question, including Matapi, Matererini, Nenyere (also known as Magaba), Shawasha, and other Mbare flats, were described as “squalid and intolerable.”
The court ordered the City of Harare to immediately undertake comprehensive rehabilitation and refurbishment of the hostels.
“Ordered that the 1st Respondent is compelled to fulfill it’s 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.
“Ordered that the 1st Respondent is compelled 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.
“Ordered that the 1st, 2nd and 3rd Respondents are jointly and severally obliged to 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, rebuilding of the hostels where such actions require the residents to temporarily vacate from the hostels,” read the judgement.
This includes restoring critical services such as water, sewer systems, refuse collection, and installing fire safety measures like extinguishers and fire escapes.
In a move to protect the affected residents, the court directed that temporary shelters and basic services be provided during the renovations.
These measures include tents, sanitation facilities, and guarantees against eviction. Alternatively, the respondents must provide interim housing plans that ensure access to essential utilities.
“Alternatively to paragraph (4) above, the 1st, 2nd and 3rd Respondents are jointly and severally 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, installation of chemical toilets to the affected residents,” further reads the judgement.
The Ministry of Local Government was instructed to ensure compliance with the Urban Councils Act, while the Ministry of Health must take steps under the Public Health Act to prevent disease outbreaks.
Similarly, the Ministry of Environment was ordered to curb environmental degradation in the area.
Justice Munangati-Manongwa highlighted the urgency of the situation, stating that the conditions in the hostels demand immediate action.
This ruling follows mounting pressure from the Combined Harare Residents Association and other civic groups, who have consistently called for improvements in housing and living standards.
For the residents of Mbare hostels, the court’s decision offers a glimmer of hope for a better future. As the city and government begin to act, residents await meaningful changes to their living conditions.
No order as to costs was made in the ruling.
