The construction of the Glaudina-Kuwadzana Extension Road junction hangs in the balance after the High Court granted an interim injunction blocking construction pending a final hearing of a dispute pitting the National Social Security Authority (NSSA) and some beneficiaries of Glaudina housing stands.
The land on which the construction is being done has been allocated to Gillingham Pay Scheme which has approved water reticulation plans. The stand owners fear that if the construction continues, the road will encroach onto the stands close to the site and destroy pegs and water pipes.
The problem appears to revolve around Harare City Council laying out and approving the Gillingham Pay Scheme stands and then approving the conflicting plan by NSSA. Harare City Council has given NSSA the greenlight to proceed with the construction, but that has riled the owners of stands to be affected.
Despite a lawsuit pending in the High Court, NSSA moved its equipment to the site amid reports that it wanted to start construction. Stand owners Mr Biggie Mwoyoweshumba and Mr Phillip Gardner, both members of Gillingham Pay Scheme, approached the High Court seeking an urgent injunction to restrain NSSA from proceeding with the proposed construction until the underlying civil dispute is resolved.
Justice Neville Wamambo granted the application for an interim injunction by the two men, noting that the two had a strong case to stop the construction pending the final hearing of the dispute. The judge noted that things came to a head in March this year when the city council wrote to NSSA raising no objection to the construction of a junction based on the draft layout plan TPY/WR/1/24.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Thus, the judge agreed the construction of the junction could affect already built structures, roads and water reticulation to the prejudice of stand owners.
"On the face of it I am satisfied that applicants have not only proved a prima facie right, but also that there is a reasonable apprehension of irreparable harm if the construction of the junction continues," said Justice Wamambo.
It was not lost on the judge that the city council was the very authority that allocated stands to the applicants and other members of Gillingham Pay Scheme.
"In an about turn the second respondent (the city council) has approved the construction of a junction that will encroach onto Gillingham Pay Scheme infrastructure," he said.
"Their infrastructure would be decimated and a permanent junction established if the interim order is not granted.
"On the other hand, the city council faces less prejudice in the circumstances. They are on the face of it, the creators of the predicament that they now face."
On March 22 this year, Mr Mwoyoweshumba and Mr Gardner sued NSSA and the city council under HCH 1538/24 which matter is still pending. After the filing of a lawsuit, NSSA stopped the construction. Two days later the State-run pension fund brought its equipment to start construction notwithstanding the pending legal processes.
