Harare ratepayers to pay for council’s wrongful building approval

Source: The Herald – Breaking news.

 The total amount of money to be paid is still to be established.

Trust Freddy

Check Point Desk

HARARE residents will be responsible for covering compensation costs owed to the owner of a double-storey building along Alpes Road in Vainona suburb, which is set for demolition.

This follows the unlawful approval of the structure by council officials despite the fact that it infringes on the frontage line and extends onto Alpes Road.

The Herald has reported that council officials have been secretly selling off land designated for vital public use, such as roads, schools, hospitals and wetlands to private interests.

The total amount of money to be paid is still to be established.

Situated at the corner of Alpes and Grant roads, the building has been condemned by council after it admitted to making an error in its approval and ordered its demolition.

Harare City Council acting director of Urban Planning, Mr Samuel Nyabezi, confirmed that council erred in approving the structure.

“The building has no demolition order yet, but its fate is sealed; it will be demolished,” Mr Nyabezi said.

“The challenge lies in the fact that the building has city council approved plans, but it will still be demolished. The issue of compensating the owner will be addressed later if council is found liable, given that the plans were approved by the city authorities.”

He further criticised council building inspectors for approving plans without due diligence.

“Inspections were conducted by our building inspectors, but it’s clear that some of them failed to think critically. They seem to have a narrow focus on building codes, lacking the skills to scrutinise and analyse the plans.

“Instead of thoroughly reviewing each project, they simply approve every plan they receive with a stamp, neglecting to compare the approved plans with the actual site conditions.”

When The Herald visited the site, it was evident that the building was near-completion, with most aspects finished, including tiling, save for painting.

The double-storey building measures approximately 35 metres by 15 metres, with the ground floor divided into two large rooms and the first floor subdivided into smaller rooms that appear to be offices.

Although the building remains unoccupied, a caretaker residing in a cabin on the property reported having lived there for over seven years.

This publication also observed that the building’s proximity to the main road, less than four metres away, makes it impractical to install a precast wall, as its foundation would extend onto the road.

Additionally, a plumbing pipe, possibly for a borehole, occupies the limited space between the building and the road, hindering off-road parking.

When contacted for comment, the owner of the building, Mr Allen Shonhiwa, maintained that all procedures were followed and everything was done transparently.

“I am yet to be formally informed by the City Council regarding any demolition. I am hearing this for the first time from you,” he said.

“However, what I do know is that everything was done above board. I was also approached by the Commission investigating the City of Harare affairs regarding this issue, but I have not received any communication from the City Council itself.”

Mr Shonhiwa added that he acquired the stand 15 years ago, explaining that he had been delaying developing the piece of land over the years.

He also pointed out that the open space surrounding the building contains several other undeveloped stands, stating that upon completion, the area will be transformed into a shopping mall.

Mr Shonhiwa said his two-story structure was appropriately located, emphasising that commercial properties should not be subjected to the same criteria as the adjacent residential houses.

“That’s a commercial building, and precast walls are not typically used for commercial properties. Like other commercial buildings in Harare, the foundation is usually positioned exactly where the stand ends.

“For your information, there are several other commercial stands in the area, including schools and shops that are yet to be built, and upon completion, it will effectively become a shopping complex.”

He also alleged that at one point, he was approached by the Ministry of Transport and Infrastructural Development, which threatened to demolish the building while they were constructing the road.

“If I had built without approved plans, demolition would have been the likely outcome. In fact, some Ministry of Transport officials initially threatened to demolish the building, as you’re suggesting. This was three to four years ago during the road construction, and the building still stands. The same officials were later corrected by the Surveyor General, who informed them that their assessment was incorrect.”

Mr Shonhiwa declined to disclose the construction cost, expressing confidence that the council would not demolish the building without a court order.

He cited the example of Sam Levy Village in Borrowdale, claiming that similar threats were made, implying that such actions would be unlawful without proper judicial oversight.

Posting on his official X account on July 6 last year, Harare Mayor Jacob Mafume described the building as an ‘eyesore,’ adding that it ought to be demolished.

“That building is an eyesore,” he wrote.

“I have asked that it be demolished for some time. The mandarins in our office find excuses why we can’t demolish it.

“They somehow approved it following the new area plan. They insist it complies with the law. The courts are being approached to resolve this.”

However, it has been almost a year now, and council is yet to make its official position public.

Several senior council officials, including the Mayor himself, who appeared before the Justice Maphios Cheda-led commission, admitted that they had erred in approving the plan.

An official in the planning department said the only alternative would be to realign the road if the owner is well-resourced.

Combined Harare Residents Association director Mr Reuben Akili said those responsible should face consequences, suggesting compensation be deducted from their salaries.

“In fact, this confirms our assertion that approved buildings or land are supposed to be built with safety in mind. However, this situation also exposes the level of gross incompetence within the city officials, especially those in the planning division. Those who approved the project should also bear the consequences of their actions; that money should be deducted from their salaries.”

Vainona resident Mr Munyaradzi Mudimu highlighted the potential danger the building poses to occupants.

“People should just apply common sense. The building was constructed beyond the building or frontage line and extends significantly onto the road verges, putting occupants in danger.

“Any slight mistake by a vehicle veering off the road could result in it crashing into the building,” he said.

Another resident Ms Caroline Kamanga raised suspicions about the circumstances surrounding the building’s approval adding the blunder indicates possible underhand dealings and warrants a thorough investigation.

“That should be a symbol of corruption. How did it pass all the building inspections from plan to drainage?”

Efforts to obtain a comment from the Mayor of Harare were unsuccessful as his phone went unanswered.

Meanwhile, council spokesperson Mr Stanley Gama said he was still reviewing the questions, despite them having been sent two days earlier.