Court orders Zanu-PF members, police off Mbare toilets

HIGH Court judge Justice Rogers Manyangadze yesterday ordered police, Zanu-PF members and the Harare City Council to stop disrupting operations of a company leasing Mbare toilets for a fee.

Manyangadze granted a spoliation order stating that Disruptive Innovation's business operations should not be interfered with and should be restored within 48 hours.

"The respondents and all those getting through them, within 48 hours restore the applicant's peaceful and undisturbed possession of the Mbare Musika and Market Square Bus Terminus toilets. The respondents shall not remove or threaten to remove the applicant from Mbare Musika and Market Square bus terminus toilets," the judgment read in part.

Disruptive Innovation, represented by its managing director Nomvula Mhambi, had cited the Mbare district officer, the officer commanding Mbare police and Harare Metropolitan Development and Devolution secretary as respondents.

The judge ordered the respondents to pay the legal costs.

Last month, two Zanu-PF members were arrested for shutting down the toilets demanding a share of the proceeds of the business.

The company refurbished the public toilets and has been charges for use of the facilities since
2015.

At one time, the City of Harare sought to evict the company, but High Court judge Justice Zimba Dube ruled against council, saying the firm could only be evicted through a court order in the event of a breach of material terms of the agreement.

Since then, police and Zanu-PF activists have been disrupting the company's activities in a bid to force it out of the deal.