Defiant informal traders are rebuilding their shacks on road verges and in road reserves, amid revelations that some corrupt council officials were taking bribes to allow encroachments.
This comes as Government is moving swiftly to appeal a High
Court order to stop demolitions.
The demolitions are not being done under the planning or
licensing laws, but under the Roads Act which prohibits all structures built on
land demarcated as a road reserve and so it is being argued that since it is an
offence to block part of a road there can be no legal comeback for those told
to move.
But Zimbabwe Lawyers for Human Rights (ZLHR), on behalf of
Chitungwiza Residents Trust, applied to the High Court to have the demolitions
stopped on the grounds that people were not notified in advance, although
Government officials said there was wide publicity over the need to move away
from roads.
In any case, the authorities are entitled to remove
obstructions on public roads and highways.
It was business as usual at Mbudzi round-about on Friday
where traders whose structures were destroyed last week were back, although
most at the moment selling their wares in open spaces.
Zimbabwe Industrial and Technological Revolutionary Party
(ZITER) leader Daniel Chingoma was seen rebuilding a permanent structure.
Others with destroyed wooden structures had already rebuilt
them and doing business, while some were in the process of doing so.
At Zindoga Shopping Centre in Waterfalls, it was also
business as usual with backyard food outlets braaing and selling food, although
none appeared to have the required licence nor undergone the required health
inspection.
It was a different case in Chitungwiza where order prevailed,
as most informal traders had taken heed.
Addressing the press on Friday, Harare Provincial
Development Coordinator Mr Tafadzwa Muguti said while there was a temporary
relief on demolitions, there were some very mischievous people who quoted the
wrong Act when they approached the courts.
“They were quoting the Regional and Town Planning Act,
which gives us precedence over development control in terms of special planning
which includes housing and everything else, but the Roads Act sets precedence
when it comes to our roads,” he said.
“As Government we will appeal. The Roads Act takes
precedence and criminalises those who construct on roads. Most of these road
servitudes are housing criminals and being used as brothels.”
Mr Muguti said it was shocking that there were so many
so-called residents trusts and associations that did not even have members, and
seemed to be funded by the opposition, but were making noise so that chaos
prevailed since they benefited from it.
“We wonder which residents they are representing when there
is chaos on the streets of Harare,” he said.
“There were adverts in newspapers and notices on social
media on the exercise, but they say they were never notified.
“We are guided by the law not emotions. This is what killed
Harare.” Mr Muguti warned defiant traders that are bribing council officials
and corrupt politicians in the hope of regularisation.
“We will never ever regularise on road servitudes,” he
said. “We applaud whistle blowers for giving us names of corrupt council
officials that facilitated issuance of leases.”
Mr Muguti said the cancellation of some leases of land next
to roads was underway.
“Those car dealers that built permanent structures on road
servitudes and those that have not been paying to council will be removed,
while only those that are not encroaching the road servitudes and are up to
date will be spared,” he said.
The ongoing blitz to clean up the mess around Harare
Metropolitan province road servitudes started on Monday last week. Herald
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