Harare City Council is reportedly in a Catch 22 situation over problems created by mushrooming illegal structures in the central business district.
The issue caused a heated debate in council chambers last Thursday as councillors weighed the “pros and cons” of whether or not to demolish the illegal structures.
While other councillors pushed for demolition of the structures, some of which have already been completed, others argued doing so would cost the council heavily in compensation and legal fees.
Recently, a Harare woman, Margaret Mavhurudza successfully sued the council for destroying her property. The court ordered council to pay her $9 862 as compensation for her kiosk at stand number 18142, Harare Township (Africa Unity Square).
Councillor Advocate Tembinkosi Magwaliba advised council to approach the matter with caution to avoid costs to the local authority.
“There is common law that protects a complete property and that is the same law that was used by Sam Levy and he won his case. You have to be careful when dealing with these things,” Magwaliba said.
But Councillor Herbet Gomba suggested that all illegal structures should be identified and pulled down to curb lawlessness.
“We have said a lot on these illegal structures and we need to come up with a system. Councillors should identify illegal structures in their wards so that we trace where the wheels are coming off,” Gomba said.
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The councillors said they were concerned with the mushrooming of illegal structures in the city, especially tuck shops and unsanctioned markets.
Councillor Peter Moyo however warned that pulling down the structures would be tantamount to committing political suicide.
“We are politicians and we need votes. We will be in a big problem with the residents, they are the electorate who need our protection,” Moyo said.
