FIVE Greendale residents have approached the High Court seeking the suspension of a demolition order granted to the Harare City Council (HCC) pending the determination of a rescission application they filed in December.
Jephta Elias Chabata, Booker Nhira, Tambudzai Mapeture, Jospher Chibisa and Maud Njukuya cited the City of Harare and the Greendale Residents and Ratepayers Association as the respondents in their application.
According to an affidavit deposed by Chabata, the group approached the court last December seeking to have the demolition order revoked.
“I say this because the first respondent (HCC) has published a public notice dated February 10, 2021, in various newspapers wherein it states that it shall commence demolition of our properties on April 3, 2021.
“The intended demolition of our properties, although court sanctioned, has been challenged by the applicants by way of an application for rescission,” Chabata averred.
“Despite being aware of the application for rescission, the first respondent went on to publish the public notice on February 10, 2021.
“On February 16, 2021 applicants, through their legal practitioners wrote to first respondent reminding them of the pending application and requesting that any execution be stayed until the application was heard and determined.
“Surprisingly, first respondent wrote back to the applicants on March 3, 2021 and stated categorically that demolition would proceed as the filing of an application for rescission of judgment does not suspend execution,” the application reads.
In their application, the group is arguing that the demolition of their properties would be unfair as it would be done by the same council which sold them the stands.
“It is unjust and frankly in bad faith considering that we are in this mess because of the first respondent.
“In the event that demolition ensues on April 3 as planned, it would effectively render our application for rescission useless.
“We would have been denied justice despite approaching the courts for the same,” Chabata argued.
HCC and the Greendale Residents and Ratepayers Association are yet to respond to the application by the residents.