Rights body orders Harare to pay

The Harare City Council should compensate Mbare residents whose property was destroyed in flooding last year as the authority was complicit in the disaster, the Zimbabwe Human Rights Commission has said. Failure to comply could lead to legal consequences for the council.

Several homes in the suburb were flooded after the recently-constructed Harare Sunshine Bazaar mall trapped storm water which then flowed into the houses.

Household property worth thousands of dollars was extensively damaged or destroyed, prompting affected residents to lodge complaints with the ZHRC.

The residents cited violation of environmental, development, health and remedy rights, leading the Commission to open an investigation.

The investigation report, which The Sunday Mail has seen, says Harare City Council "failed to exercise due diligence and supervise construction of the structure".

It also states that work on the US$3 million complex had damaged part of Mbare's drainage system.

The mall is a joint venture between the local authority and Lebanese company El-Nour United Engineering for Construction and Commerce.

Part of the probe report reads, "The director of works highlighted that an environmental impact assessment was done by the Environmental Management Agency which gave the project the green light to commence operations.

"He made an undertaking to avail the EIA report. He, however, added that the responsible department erred in that it did not adhere to good engineering practices as well as building and environmental by-laws, resulting in non-consideration of issues of drainage and quality of workmanship by the building contractors since it was supposed to supervise the project."

The ZHRC recommends: "Harare City Council needs to capacitate its staff in the department of works so that they adhere to laid down engineering policies and practices as provided for by the by-laws relating to construction of public buildings, environmental impact, social impact and participatory local governance.

"This will ensure that the local authority takes into account the human rights of residents in their municipal area when initiating developmental projects. Harare City Council should carry out rehabilitative measures of the drainage system to prevent further incidents of flash floods.

"Harare City Council be engaged in regard to the issue of compensation and if such engagement fails, the affected households be referred to partner organisations for litigation. Before embarking on projects that impact on the general public, there should be public consultations."

Harare City Council corporate communications manager Mr Michael Chideme said they were yet to get the report.

"If there is such a report, it will have to be submitted to us and then go through the necessary channels and procedures before action is taken; otherwise, I cannot preempt what action we will take," he said.The ZHRC is an independent commission established in terms of Section 242 of the Constitution and is empowered to investigate reports of human rights violations.