Supreme Court dismisses an appeal by the City of Harare

The Supreme Court has dismissed an appeal by the City of Harare (CoH) and upheld a High Court ruling that condemned the local authority's decision to allocate land in Kuwadzana Extension to an illegal housing cooperative.

The dispute centered on residential stands identified in 2017 by BK Housing Cooperative Society Limited, which applied to the City of Harare and complied with all procedures, including paying the intrinsic value of the land, administrative fees, and US$30,420 for survey costs.

However, in 2024, the CoH passed a resolution awarding the land to Herbert Chitepo Housing Cooperative Society, whose members had invaded and occupied the stands illegally. At the same time, the council promised to look for alternative land for BK Housing Cooperative members.

BK Housing Cooperative, represented by Muvhami Attorneys, challenged the resolution, arguing it was irrational, unfair, and motivated by bias. Justice Regis Dembure of the High Court ruled in May 2025 that the CoH's decision was "grossly unreasonable and irrational," stressing that it unfairly punished law-abiding citizens while rewarding illegal occupiers. The High Court set aside the council's resolution and ordered it to allocate the land to BK Housing Cooperative members while bearing the legal costs.

The CoH appealed, claiming it had acted within its discretion. On review, a full Supreme Court bench comprising Justices Bharat Patel, Mathonsi, George Chiweshe, and Paddington Chitakunye unanimously dismissed the appeal.

The apex court ruled that upholding the council's resolution would amount to sanctioning illegality. It emphasized that as an allocating authority, the City of Harare is bound by the law and subject to judicial scrutiny when its decisions defy logic, fairness, or legality.

With the ruling, the City of Harare must now proceed with the allocation of residential stands to BK Housing Cooperative members as originally agreed.