Condev Lists Disputed Borrowdale Property for US$1.9m Amid Court Battle

Property developer, Condev Property Developers, has stirred fresh controversy after placing a disputed Kingsmead Road property in Borrowdale on the market for US$1.9 million while a High Court challenge over the land remains unresolved.

The upmarket property, previously advertised through Pam Golding, is now being marketed by Benjamin’s Realty, raising concern among residents and litigants who argue that the sale could complicate ongoing legal proceedings.

The development comes as Vislink (Private) Limited, trading as Trauma Centre Hospital, intensifies efforts to block Condev from constructing a large office complex in the low-density suburb.

Court papers show that Trauma Centre Hospital, together with neighbouring resident Penelope Beattie, filed a High Court application against Condev Property Developers, the City of Harare, the local authority’s director of urban planning, and Andrew Herbst, who is linked to the development.

The applicants argue that the proposed office complex poses significant risks to patients and staff at one of Harare’s leading emergency medical facilities.

In an affidavit filed in June last year, hospital proprietor Vivek Solanki is seeking a review of the City of Harare’s decision to grant Condev a development permit on April 17, 2025.

He contends that the approval process was flawed, alleging that affected parties were not properly notified.

The applicants want the permit set aside, describing the decision as irrational, unreasonable and made in bad faith, in violation of the Administrative Justice Act.

Trauma Centre Hospital, which has operated adjacent to the site since 2014, argues that construction would disrupt critical emergency services.

Solanki says the scale of the proposed development — expected to accommodate about 330 office workers across 16 units — is incompatible with existing infrastructure.He points to narrow access roads, strained sewer systems and erratic municipal water supply as key constraints that would be exacerbated by increased traffic and human activity.

Beattie, who has lived at 30 Kingsmead Road for 55 years, maintains that the area — spanning Ballantyne Park and Borrowdale — is zoned for low-density residential use and should be preserved as such.

Solanki also revealed that the hospital previously invested about US$120,000 to install a sewer line connecting to the City of Harare’s main system along Edinburgh Road in Pomona, a move that secured its own change-of-use permit after meeting regulatory requirements.

According to court filings, Condev representatives approached the hospital in October 2024 outlining plans for office development on the two-acre property.

A public notice was later published on October 15, 2024, inviting objections.

However, objectors claim they were not kept informed of subsequent approvals.

A meeting convened by the Ministry of Local Government reportedly confirmed that a permit had been issued, although concerns were raised that the approved plans differed from those initially presented.

Residents in the area have since lodged formal objections, citing fears over increased traffic, noise and pressure on already limited infrastructure.

The applicants are now seeking a provisional interdict to stop any construction activity pending the outcome of the High Court review.

Solanki warns that proceeding with the project would not only compromise emergency medical services but also significantly alter the character of the neighbourhood.

The listing of the property for sale before the matter is resolved has added a new layer of complexity to the dispute, with critics questioning the propriety of marketing contested land amid ongoing litigation.