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Borrowdale Methodist Church land dispute rages on
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A United Methodist Church pastor in Borrowdale could face a 90-day jail term after local residents filed an urgent High Court application accusing the church of contempt of court for resuming services at its Doveton Road premises despite a judicial order prohibiting religious activities there.
The long-running dispute centres on Number 9 Doveton Road, where the church has operated since its 2017 town planning permit lapsed due to non-compliance. According to court documents, the permit officially expired on July 31, 2019, and has not been renewed or lawfully extended.
In a ruling delivered on June 5, 2025, under case number HCH2095/23, Justice Priscilla Munangati-Manongwa ordered the church to cease all services at the property until it obtained clearance from municipal health and fire authorities and fully complied with zoning regulations.
However, residents allege that the church resumed services on June 29, 2025, in direct violation of that order. The community, represented by Kantor & Immerman Legal Practitioners, filed the contempt application seeking the pastor's imprisonment and legal costs, citing a near-decade of friction and financial harm caused by the church's presence in a residential zone.
In its defence, the church, through vice-layleader Thankful Musukutwa, argued that it resumed services after receiving a temporary permit from the City of Harare's director of works on June 9, 2025. The permit, according to Musukutwa's affidavit filed on July 25, authorises the church's continued use of the premises under conditions including the provision of ablution facilities, potable water, and sufficient parking.
The church further contends that the pastor, who was not cited in the original court proceedings, cannot legally be held in contempt without being granted the opportunity to respond to the allegations.
Residents, however, maintain that the temporary permit is a "legal nullity" with no basis in Harare's planning statutes. They argue the permit cannot override a standing court order and allege that the church's ongoing activities are unlawful and disruptive to the quiet enjoyment of the suburb.
They are now seeking a High Court order declaring the church in contempt, committing the pastor to 90 days in prison, and awarding punitive legal costs.
The matter remains before the courts, with no final decision yet rendered.
The case underscores mounting tensions over urban land use in Harare's affluent suburbs, where the growth of religious institutions is increasingly clashing with residential zoning regulations and resident expectations.
The long-running dispute centres on Number 9 Doveton Road, where the church has operated since its 2017 town planning permit lapsed due to non-compliance. According to court documents, the permit officially expired on July 31, 2019, and has not been renewed or lawfully extended.
In a ruling delivered on June 5, 2025, under case number HCH2095/23, Justice Priscilla Munangati-Manongwa ordered the church to cease all services at the property until it obtained clearance from municipal health and fire authorities and fully complied with zoning regulations.
However, residents allege that the church resumed services on June 29, 2025, in direct violation of that order. The community, represented by Kantor & Immerman Legal Practitioners, filed the contempt application seeking the pastor's imprisonment and legal costs, citing a near-decade of friction and financial harm caused by the church's presence in a residential zone.
In its defence, the church, through vice-layleader Thankful Musukutwa, argued that it resumed services after receiving a temporary permit from the City of Harare's director of works on June 9, 2025. The permit, according to Musukutwa's affidavit filed on July 25, authorises the church's continued use of the premises under conditions including the provision of ablution facilities, potable water, and sufficient parking.
Residents, however, maintain that the temporary permit is a "legal nullity" with no basis in Harare's planning statutes. They argue the permit cannot override a standing court order and allege that the church's ongoing activities are unlawful and disruptive to the quiet enjoyment of the suburb.
They are now seeking a High Court order declaring the church in contempt, committing the pastor to 90 days in prison, and awarding punitive legal costs.
The matter remains before the courts, with no final decision yet rendered.
The case underscores mounting tensions over urban land use in Harare's affluent suburbs, where the growth of religious institutions is increasingly clashing with residential zoning regulations and resident expectations.
Source - Newsday