By Judith Nyuke
The High Court has overturned the City of Harare’s decision to allocate a piece of land in Kuwadzana Extension to Hebert Chitepo Cooperative citing irrationality, unfairness, and unlawfulness.
This follows a court application by BK Housing Cooperative, represented by Muvhami Attorneys, which sought to review the City of Harare’s decision of August 29, 2024 arguing that it was irrational, unfair, and motivated by malice and bias.
According to BK Housing Cooperative, its members contributed to the development of the land in question as they paid for survey fees, and the survey and pegging of the
stands.
Hebert Chitepo Housing Cooperative, on the other hand, did not prove any payment of any such costs
After Hebert Chitepo Housing Cooperative occupied the land, the City of Harare (CoH) decided to allocate a different piece of land to BK Housing Cooperative Society, despite the significant costs the latter had incurred in developing the original land.
However, after hearing submissions from all parties involved, High Court Judge Justice Regis Dembure overturned the CoH’s decision, citing unfairness in a judgement dated 2 May 2025.
“It is not in dispute that the applicant contributed to the development of the stands in question. The applicant (BK Housing Cooperative Society Limited) was made to pay for survey fees, and the survey and pegging of the stands were carried out at its expense by a surveyor appointed by the first respondent(City of Harare),” the Judge said.
Justice Dembure also noted that BK Housing Cooperative Society Limited’s members were authorized by the CoH, through letters dated July 3, 2019, to pay administration fees of ZW$500.00 for the stands, in accordance with the council’s resolution.
Additionally, they were required to pay the land’s intrinsic value based on internal valuation instructions.
“Given these facts, I agree that it was grossly unreasonable or irrational
for the City of Harare to make the resolution it did,” he said.
The Court criticized CoH’s decision, finding it illogical to allow illegal occupiers to take over the land while requiring BK Housing Cooperative Society Limited to follow lengthy procedures.
Moreover, Justice Dembure observed that the absence of alternative land, coupled with BK Housing Cooperative’s lengthy wait since 2017, indicated that CoH had not given due consideration to the facts.
Justice Dembure said Hebert Chitepo Housing Cooperative and its members unlawfully occupied the stands, taking the law into their own hands. Allowing them to remain would effectively sanction their illegality.
He ruled that CoH’s decision should be reviewed and set aside. Permitting it to stand would unjustly reward Hebert Chitepo Housing Cooperative’s members for their illegal actions, while BK Housing Cooperative’s members, who made significant financial contributions, would be unfairly penalized.
Justice Dembure has ordered the CoH to complete the allocation process for residential stands to members of BK Housing Cooperative and has further ruled that the CoH shall bear the costs of the application.
