HARARE, May 29 (NewsDay Live) — The widow of liberation war hero James Chikerema has renewed her challenge against the Mount Breezes Home Owners Association after it reportedly moved to erect a perimeter wall and continue restricting access to a road at the centre of a High Court dispute in Borrowdale.
The row stems from a High Court ruling that nullified City of Harare-approved amendments to Subdivision Permit SD/381, which had allowed part of the Mount Breezes development to operate as a gated community. Philda Molly Chikerema argues the changes unlawfully closed a public road linking Mount Breezes and neighbouring Crowhill without her knowledge or consent, and says efforts to enclose the development are continuing despite the judgment.
According to court records, Chikerema owns Subdivision E of Lot H of Borrowdale Estate, measuring 42.525 hectares and held under Deed of Transfer 7544/85.
She applied for a subdivision permit in September 1997, which was granted in April 1999. The property was later subdivided into 62 residential stands, with Chikerema retaining Stand 19.
Under the permit conditions, she was required to upgrade roads within the development for public use. The City of Harare issued a certificate of compliance in January 2007 confirming all conditions had been met.
In 2015, the Mount Breezes Home Owners Association applied to convert part of the development into a gated community. The City of Harare approved the application on Nov. 18, 2015.
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Chikerema argued the approval effectively turned a public road into a private one without her knowledge or consent, unlawfully amending the original subdivision permit.
The dispute centred on a road linking Mount Breezes and neighbouring Crowhill. Following the approval, boom gates were erected at the intersection of Luna and Crowhill roads, restricting access through the development.
Chikerema challenged the decision, arguing that Section 40(10) of the Regional, Town and Country Planning Act requires a permit holder to be consulted before any amendment is made to a subdivision permit.
In correspondence dated April 21, 2021, the City of Harare acknowledged it had approved the amendments on the assumption that Chikerema, as a resident and owner of Stand 19, was aware of and had consented to the changes.
After further exchanges, the city advised her to pursue other avenues if she remained dissatisfied.
The road closure also triggered separate litigation by Crowhill residents under case number HC 7052/21.
In his ruling, the late High Court judge Owen Tagu found that Chikerema, as the permit holder, had a direct and substantial interest in any amendments.
“The import of that provision is that when the planning authority, in this case the City of Harare, wants to amend a permit granted to the permit holder, the permit holder’s permission must first be sought,” Justice Tagu said.
“In casu, the applicant never agreed to her subdivision permit being amended by the City of Harare. She was never consulted.”
Justice Tagu ruled that the city had infringed Chikerema’s statutory right to grant or withhold consent and declared the amendment null and void.
He further noted that the City of Harare knew Chikerema, not the Mount Breezes Home Owners Association, was the lawful permit holder.
Despite the ruling, Chikerema alleges efforts to enclose the development and restrict access are continuing, with the homeowners association proceeding with plans to erect a precast wall.
The association’s position could not immediately be established.