Harare City Council fights court order to fix Mbare flats

The Harare City Council (HCC) has sparked outrage among residents and civil society after filing an appeal to reverse a High Court judgment compelling it to renovate the crumbling Mbare flats - a landmark ruling hailed as a victory for urban housing rights.

The municipality is contesting a judgment handed down by Justice Priscilla Munangati-Manongwa, who ordered HCC to urgently rehabilitate the Matapi, Matererini, Nenyere, and Mbare flats, citing the city's legal and constitutional obligation to ensure safe and dignified housing for its residents.

The matter is now scheduled to be heard on July 18 before Justice Manyangadze.

The Combined Harare Residents Association (CHRA), which brought the original case against the council and is cited as the first respondent, condemned the appeal as a "betrayal of duty" by the city authorities.

"The City of Harare has sparked outrage after launching an appeal to reverse a High Court judgment (HCH4825/24) compelling it to rehabilitate Mbare flats and provide residents with basic water, sanitation, and hygiene services," CHRA said in a strongly worded statement.

CHRA successfully argued in court that the deteriorating conditions in the Mbare flats violate residents' constitutional rights. The court had found that the buildings, some of which date back to the colonial era, are in a state of severe neglect, plagued by raw sewage leaks, persistent water shortages, dilapidated infrastructure, and chronic overcrowding.

"The court had ruled that the city must take immediate action to restore dignity and protect public health by upgrading the dilapidated and unsanitary Mbare hostels," CHRA said.

Instead of implementing the court's directive, the City of Harare has chosen to challenge it - a move that critics say is a delay tactic that could further endanger the health and well-being of thousands of residents.

"This appeal demonstrates a disturbing disregard for human dignity and public health," said one Mbare resident, adding, "We've lived with bedbugs, sewage, and broken toilets for too long. Now, when the court finally stands with us, the city wants to run away from its responsibility."

Public health experts and housing rights advocates have also raised concern, warning that conditions in the flats - already deemed hazardous - may deteriorate further if action is delayed.

The appeal comes as the City of Harare continues to face widespread criticism for service delivery failures across the capital, including uncollected refuse, broken water infrastructure, and a housing backlog affecting tens of thousands.

As the legal battle continues, residents of Mbare remain trapped in dilapidated buildings - still waiting for the day their right to decent shelter is fulfilled.