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Blessings Chidakwa

Municipal Reporter

Boom gates erected by groups of residents, especially in low density suburbs, to block access to roads and closes across Harare are illegal says Harare City Council, invoking the Roads Act recently used to clear structures and goods being sold in road reserves, generally in high density suburbs.

The Roads Act makes it illegal to block a public road in any way and this would include barriers as well as shacks and vendor stalls.

The residential groups complaining about the council threat to flatten their booms say they have proved effective in reducing robberies and other crime by providing controlled access to an area. 

Legal boom gates are commonly used to control access to private road systems; for example the University of Zimbabwe used them at its campus to control vehicular access on its extensive road system, and such gates are common and legal at the entrance to enclosed residential communities where the road system is owned by the owners association, not the council.

Harare Residents Trust director Mr Precious Shumba yesterday said the boom gates on public roads were being put up for security reasons and were meant to counter the menace of robbers and other undesirable elements threatening people and property.

He agreed that the booms were often illegal, but said they were put in place because of circumstances and he wanted a solution negotiated that gave the residents high levels of safety while still allowing full public access.

“It is unfortunate that a lot of the private property owners have had to assume control over roads that are essentially public goods and services. The council is within its rights and duties to enforce provisions of the law in relation to the control of roads and roads servitudes.

“However, law enforcement must be done after wide consultations with the communities where the boom gates have been erected so that a workable solution is found without compromising the security of the area and hindering the free use of public roads,” he said.

Mr Shumba said it was a difficult planning issue that needed to be handled with greater sensitivity.

“Crime has been significantly reduced in areas where they have erected boom gates given the presence of neighbourhood watch committees who patrol the roads at night.

“From the citizens’ perspective, erecting boom gates is a matter of enhancing security for people who feel that the Zimbabwe Republic Police does not have the capacity to do night patrols and give people peaceful nights,” he said.

Combined Harare Residents Association programmes manager Reuben Akili said the erection of boom gates arose directly from security issues especially in low density areas where mugging and armed robberies have become so rife.

Mr Akili said residents expected council to provide alternatives rather than just banning arrangements that are safeguarding people’s lives and property.

“We cannot continue to use old and archaic laws that are not responsive to our current context. Instead council should just put in place some regulatory measures on the use and operation of these boom gates, for example to say boom gates can only be placed in actual residential streets, rather than major roads, and also stipulate time where they remain open to non-residents such as 6pm to 6am.

“Also there should be guards who can open passage to residents who want to go in after the stipulated times,” he said.

Mr Akili recommended council to create by-laws so that they can address real and pertinent issues that have seen the emergence of boom gates.

Acting town clerk Engineer Mabhena Moyo had issued a notice in terms of section 30 and 47 of the Roads Act that all boom gates erected in Harare without the council’s authorisation are prohibited.

“Residents that have constructed unapproved boom gates are instructed to remove them. Council will assist with removal where communities fail to be compliant. The cost of removal will be passed onto the owners.

“There is an increase in the number of unsanctioned boom gates particularly in the low density areas. All roads in Harare remain public roads unless specified otherwise. As such, no one shall close or cause to close such roads without express consent from the local authority,” he said.

Eng Moyo said council and other service providers are failing to deliver services due to some sections of roads that are illegally closed off with boom gates.

“In some extreme cases, congestion is being caused by closure of some roads that result in traffic being channelled to the few remaining free roads. City by-laws and relevant law statutes will be used to enforce compliance,” he said.