NEW: Association claims Harare in defiance of court order

Source: NEW: Association claims Harare in defiance of court order | Sunday Mail (Local News)

Richard Muponde

Harare Driving Schools Association (HDSA) is claiming that Harare City Council (HCC) is in contempt of court for defying a High Court order it consented to five years ago to provide driving schools with a parking rank with all amenities such as toilets and running water.

The order was issued by Justice Charewa after the Harare Driving Schools Association (HDSA) approached the court in 2016 after the City Fathers started billing them for ranking discs for a “non-existent ranking space”.

HCC is charging $18 000 for a driving school truck for ranking fees and $12 000 for small driving school car respectively.

In her order of October 17, 2016 seen by The Sunday Mail, which was issued by the consent of both parties Justice Charewa ordered HCC to provide a rank with one month of the order while toilets, running water and other amenities were supposed to be provided for in a period of six months.

The local authority was also ordered to pay US$1 200 being costs of the suit.

“Where upon reading documents filed of record and hearing counsel. It is ordered by consent that: The defendant (HCC) shall identify and allocate a place/land suitable for provision of rank/parking of driving school vehicles for the Plantiff (HDSA) with one month of this court’s order,” ordered Justice Charewa.

“The Defendant shall provide for basic amenities in form of water, toilets or any other ancillary facilities necessary and suitable for public use at the land provided for by the Defendant within six months of providing land. Defendant to pay costs of suit in the sum of US$1 200.”

However, the local authority did not abide by the order to date.

HDSA is complaining that despite charging exorbitant fees on parking discs council reneged on providing the parking area.

The association’s chairman Mr Nelson Mbedzi said they have instructed their lawyers to file for an order declaring the local authority in contempt of court.

“We have instructed our lawyers to file for contempt of court against HCC for being in wilful defiance of the court order they consented to,” Mr Mbedzi said.

Currently the driving schools are using unserviced open space at Robert Mugabe Square and the other at Coca Cola open space in Granite Site along Seke Road which is often muddy in the rain season.

The open spaces have no ablution facilities or running water making life difficult for both instructors and learners.