United Methodist barred from Harare premises

High Court Judge Justice Munangati Manongwa has issued an interim order prohibiting the United Methodist Church from conducting church services and events at its property in Borrowdale, Harare, following a protracted legal battle with local residents that has spanned more than 15 years.

The ruling comes after residents of Doveton Avenue applied to the court, citing excessive noise pollution and traffic congestion caused by the church's activities in the quiet residential neighbourhood.

According to court documents, the church began holding services at the Borrowdale property in 2006, but did not obtain the required permits to operate a place of worship at the site. Despite being advised by City of Harare officials to cease operations until proper approvals were secured, the church continued to use the venue.

In 2017, the United Methodist Church obtained a town planning permit, but the High Court determined that the permit did not authorise the use of the premises for religious services or large gatherings. The judge ruled that the permit fell short of being a valid operating licence.

Residents argued that their repeated requests for the church to produce a proper permit were ignored, prompting legal action. The church, for its part, claimed it had obtained a change-of-use permit, but failed to provide adequate evidence to support this.

Justice Manongwa dismissed the church's defence, ruling that a town planning permit alone does not suffice as an operating licence. She also rejected the argument that the case was invalid under the Prescription Act, finding that the alleged violations were ongoing and only came to light after residents were made aware of the church's non-compliance.

    "Residents are entitled to the peaceful enjoyment of their homes, which has been disturbed by the church's continued operations without proper authorisation," the judge ruled.

She described the church's persistent refusal to comply with legal requirements as a violation of residents' rights and a breach of planning laws.

The court ordered the United Methodist Church to immediately cease using the Borrowdale property for religious services and other events until it secures an appropriate operating permit. The church was also ordered to pay the legal costs incurred by the applicants.

This ruling is seen as a landmark decision on the regulation of religious and commercial activities within residential zones and reinforces the requirement for proper permitting and regulatory compliance.

Local residents have welcomed the court's decision as a long-overdue step towards restoring peace in the neighbourhood. The United Methodist Church has yet to comment on the ruling.