Southerton residents up in arms over loss of kids’ playground Justice Paul Siyabona Musithu upheld the lockdown amendment saying these regulations were not in breach of the Constitution. 

Talent Chimutambgi Herald Reporter

Southerton residents have approached the High Court seeking an urgent interdict to stop development of residential stands in a recreational park within Bexley Circle.

Through their lawyers, Mapondera and Company Legal Practitioners, Mr Andrew Makahamadze and Mr Richard Jack, who are representing the residents, argued that changing the land use of the area was an infringement on their rights and that of their children who use the playground.

They cited the director of housing at the Harare City Council, the Harare City Council and the Ministry of Local Government, Public Works and National Housing as the first, second and third respondents respectively.

“The activities of all respondents are contrary to the very basic tenants of town planning and stand to prejudice us the residents of Southerton,” said Mr Makahamadze. “The respondents are acting contrary to the provisions of the law and must be interdicted from such conduct.”

Mr Jack alleged that the respondents had breached the promise that they made to leave another open space, Gilwell Square, for recreational purposes to replace Bexley Circle.

They went on to peg stands on the both sites, leaving no room for recreational facilities.

Mr Jack alleged that respondents did not respond to a letter they had written to the Ministry of Local Government, Public Works and National Housing to stop the change of land use.

“It is clear that despite receiving my objection timeously, the 3rd respondent had ignored it and proceeded to change the status use of the recreational park at Bexley Circle,” said Mr Jack.

The respondents are yet to respond to the application.

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