Harare High Court will urgently hear a case in which Trauma Centre Hospital and a resident are seeking to stop Condev Property Developers from constructing expansive office buildings in the residential area of Borrowdale.
The parties consented to the matter being placed on the urgent roll before Justice Rogers Manyangadze.
Vislink (Private) Limited trading as Trauma Centre Hospital and , Panelope Beattie, jointly filed the application and cited the property developer, Condev Property Developers, the director of Urban Planning at City of Harare, the City of Harare and Andrew Herbst as respondents.
The applicants filed an application to review the director of urban planning’s decision to grant Condev a development permit on April 17, 2024 arguing that due process was not followed.
Trauma Centre proprietor, Vivek Solanki, submitted that the granting of the permit was supposed to happen within 3 months but it took City of Harare Director of Urban Planning 6 months warranting its reversal under the Administrative Justice Act [Chapter 10:28].
“It is submitted therefore that the local planning authority had until the 15th January 2025 to determine the application.
“It is submitted that the permit was only determined after the passage of six ( 6 ) months and it was therefore irrational and grossly irregular for the permit to have been issued on the 17th of April 2025.”
Solanki said he was served with a copy of Condev Property’s application in terms of the Regional, Town and Country Planning Act [Chapter 29:12] section 26(3) on October 10, 2024.
And on November 5, 2024 after having had sight of the application made by Condev Property, Trauma Centre filed an objection to the application in terms of the relevant Act so did his neighbours.
“I submit that several of my neighbours who are residents and live along Kingsmead Road also filed objections,” reads his affidavit.
He argues that the permit which was not served on objectors, violating due process, was also missing from the local authority’s records.
“I submit that none of the objectors were ever served with a permit nor could anyone in the 3rd Respondent’s offices or the local district offices in Borrowdale or Highlands avail us of a permit despite numerous visits from the 2nd Applicant,”
“I submit that as of deposing to this affidavit on the 6h June 2025, the file relating to this development cannot be located in any of the 3rd Respondent’s offices.”
Solanki also submitted that the approval process was highly irregular and unlawful.
He said the plan attached to the permit was different from the one that was approved on May 7 this year.
“I submit that the permit appears to have been granted by the 2nd Respondent on the 17th April 2025 and signed personally by him being a certain Mr. Nyabezi.
“I submit that it is clear from the plan attached to the permit that it differs substantially from the plan approved by the 3rd Respondent on the 7th May 2025. I annex the approved plan hereto as Annexure “F”,
“I submit that it is now clear that 1st Respondent intends to develop a corporate office park, with buildings up to two (2) storeys and with a capacity of approximately three hundred and thirty (330 ) officer workers in the sixteen ( 16 ) units that it wants to construct”
He emphasised that Ballantyne Park and Borrowdale are low-density residential zones, with narrow, tree-lined roads ill-equipped for high traffic.
Solanki said in early October 2024, he was approached by certain members of the management of Condev Property and was informed of their intention to construct offices on the property.
The hospital argued that the development would endanger public safety, creating a traffic hazard and compromising patient and staff safety at one of Harare’s leading emergency medical facilities.
“I submit that what is of extreme concern to us is that despite the narrow roads in the area, despite the lack of proper sewage services and the complete lack of municipal water, Condev Property intends to develop a corporate office park, with a capacity of approximately 330 office workers in the 16 proposed units,” he submitted.
Solanki said it became clear in mid-May from reports received from his employees that Condev Property intended to embark on massive development at the property.
The Trauma Centre proprietor submitted that Condev Property had stationed construction equipment at the property and was felling trees, forcing him to lodge a complaint with the Local Government ministry.
“Applicants sought an undertaking that Condev Property will desist from commencing any development at the property until they had been given an opportunity to understand on what basis their objections had been dismissed by the director urban planning at City of Harare,” he submitted.
Solanki is seeking a provisional interdict subject to the determination of a review application before the High Court.
The matter is pending
