The dispute
stems from 2019 when the residents clashed with the church, arguing that it was
operating at premises designated for residential use.
The residents
claimed the church permit lapsed on July 31 due to non-compliance with its
conditions and was not extended.
In a letter
dated November 12, the residents’ legal representatives, Kantor & Immerman,
said they were acting on behalf of their client, Johannes Jurgens Zwart, and
fellow residents.
The letter
cites Mugocha, the Acting Director of Urban Planning for the City of Harare, as
having inappropriately issued a permit to a local church in defiance of a
recent High Court order.
The complaint
focuses on a temporary permit issued to the United Methodist Church Borrowdale
Circuit for its premises at Number 9 Doveton Road.
Zimbabwe
Anti-Corruption Commission spokesperson, Simiso Mlevu, confirmed receipt of the
letter.
“We received
the letter, and it will be reviewed soon,” she said.
In a case
presided by Justice Munangati-Manongwa, the High Court on June 5 ruled that the
church must seek permission from the director of Health and the Chief Fire
Officer, as required by a 2017 Town Planning Permit, to operate at the
premises. In the judgment, the church was interdicted from using the
residential property for church services and events, upholding the residents’
complaints of obstruction, congestion, road blockages, and noise arising from
all-night services.
For the church
to operate legally, it needed to fulfil specific conditions outlined in an
earlier Town Planning Permit from 2017.
These
conditions included obtaining “permission or license to operate from the
Director of Health” and “permission to operate from the Chief Fire Officer.”
The court found
that the church had not fulfilled these requirements.
According to
the residents’ lawyers, just days after the court’s decision, Acting Director
Mugocha acted improperly.
“The judgment
of the High Court of Zimbabwe was made available on June 6, which was a
Friday,” the lawyers said in their letter.
“On Monday,
June 9, the United Methodist Church Borrowdale Circuit purportedly applied to
the Acting Director of Urban Planning for a temporary permit and, on the same
day, the permit was issued. “Such a
process cannot be legally completed in a day.”
The residents
argue that the official’s conduct amounts to “criminal abuse of duty as a
public officer.”
They accuse him
of issuing a permit “whose effect is to undermine a judgment of the High Court
of Zimbabwe” and showing “favour to the United Methodist Church Borrowdale
Circuit in complete disregard of the rule of law.”
The lawyers
have formally requested an investigation and potential prosecution. A copy of
the complaint has been sent to the Harare Town Clerk. H Metro
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