MUDZI South MP Jonathan Samukange has approached the High Court seeking an order barring the City of Harare from allowing the construction of a service station at the corner of Sam Nujoma Street and Josiah Chinamano Avenue.
BY CHARLES LAITON Through his law firm, Venturas and Samukange Legal Practitioners, and CGV Trust, Samukange recently filed an urgent chamber application citing council’s director of works Isiah Chawatama, Trymore Muderede, Terrace Africa (Pvt) Ltd, Ashley Court (Pvt) Ltd, Lybrand Investments (Pvt), Berrycon Construction (Pvt) Ltd and Zuva Petroleum (Pvt) Ltd as co-respondents.
In his founding affidavit, Samukange said the construction of the filling station at the site would result in road accidents given that it was along a main road.
“Fourth, fifth and sixth (Terrace Africa, Ashley Court, Lybrand Investments) respondents are about to embark on the construction of an illegal fuel station on an intersection where there is a high accident rate on a major highway, Sam Nujoma Street, having been granted an illegal permit by the first respondent (City of Harare) surreptitiously on July 22, 2020,” Samukange said.
“There is likelihood that without this matter being subjected to scrutiny of this honourable court, the construction and operation of the illegal fuel station will lead to an increase in motor vehicle accidents and potential loss of life at the intersection.”
The lawyer said sometime in 2018, his law firm and CVG Trust had protracted litigation with Zuva Petroleum and had, by consent, agreed that a petrol station be constructed on certain strict terms.
He further said Terrace Africa, Ashley Court and Lybrand Investments surreptitiously obtained a permit during the COVID-19 lockdown period and proceeded to clear the land in preparation for construction work directly opposite the Zuva site.
“Fourth, fifth and sixth respondents are intending on altering Josiah Chinamano Road, a road which leads directly to a major hospital. They have taken the law into their own hands and are proceeding reckless of proper town planning principles and even the conditions on the permit given to them,” he said.
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The matter is pending.
