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Court stops demolition of Mbare college
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The High Court has temporarily halted the demolition of the Mbare Vocational Training Centre, following an urgent application by students and Member of Parliament Martin Sunungukai Matinyaka. The move comes amid concerns that the demolitions were being carried out to make way for privately-owned tuckshops.
The applicants - Matinyaka, Jimmy Fernando, Moses Tambarare, and Oliver Vellem - filed the urgent application against Private Places Hygiene Eye (trading as Junior Family Business), the City of Harare, the Ministry of Youth Empowerment, Development and Vocational Training, the Ministry of Local Government, and the Mbare district police officer.
According to court papers, the applicants approached the relevant authorities seeking clarification on the demolitions but received no satisfactory response. They argued that the ongoing construction disrupted classes, injured students, and caused significant trauma and displacement. The applicants contended that the demolitions violated their constitutional rights to education, shelter, and property.
Represented by Privilege Seda and Melusi Muchada, the applicants requested a final order preventing the enforcement of the memorandum of agreement for upgrading the centre until the matter is resolved. They also sought protection to ensure students could continue their studies without disruption.
Junior Family Business opposed the application, arguing that the demolitions were lawfully sanctioned by Harare City Council and aligned with approved designs. The company denied that tuckshops were being constructed and claimed the applicants delayed filing despite being aware of the demolitions since August 25, 2025. The City of Harare similarly argued that the applicants had no legal standing and had delayed action.
High Court Judge Justice Happius Zhou ruled in favour of the applicants, noting the urgency of the matter given that students had already been relocated.
"The mere fact that students have to be transferred to another institution is a harm that is not remediable if they succeed in the main matter," Justice Zhou said. "It is, therefore, in the interests of public justice that the relief being sought by the appellants be granted pending determination of the main matter."
Justice Zhou further directed that students at Mbare Vocational Training Centre be allowed to continue their courses without interference from the respondents or anyone acting on their authority.
The ruling provides temporary relief for students while the court prepares to consider the main application challenging the demolition and redevelopment plans.
The applicants - Matinyaka, Jimmy Fernando, Moses Tambarare, and Oliver Vellem - filed the urgent application against Private Places Hygiene Eye (trading as Junior Family Business), the City of Harare, the Ministry of Youth Empowerment, Development and Vocational Training, the Ministry of Local Government, and the Mbare district police officer.
According to court papers, the applicants approached the relevant authorities seeking clarification on the demolitions but received no satisfactory response. They argued that the ongoing construction disrupted classes, injured students, and caused significant trauma and displacement. The applicants contended that the demolitions violated their constitutional rights to education, shelter, and property.
Represented by Privilege Seda and Melusi Muchada, the applicants requested a final order preventing the enforcement of the memorandum of agreement for upgrading the centre until the matter is resolved. They also sought protection to ensure students could continue their studies without disruption.
Junior Family Business opposed the application, arguing that the demolitions were lawfully sanctioned by Harare City Council and aligned with approved designs. The company denied that tuckshops were being constructed and claimed the applicants delayed filing despite being aware of the demolitions since August 25, 2025. The City of Harare similarly argued that the applicants had no legal standing and had delayed action.
High Court Judge Justice Happius Zhou ruled in favour of the applicants, noting the urgency of the matter given that students had already been relocated.
"The mere fact that students have to be transferred to another institution is a harm that is not remediable if they succeed in the main matter," Justice Zhou said. "It is, therefore, in the interests of public justice that the relief being sought by the appellants be granted pending determination of the main matter."
Justice Zhou further directed that students at Mbare Vocational Training Centre be allowed to continue their courses without interference from the respondents or anyone acting on their authority.
The ruling provides temporary relief for students while the court prepares to consider the main application challenging the demolition and redevelopment plans.
Source - onine