THE commission of inquiry into the operations of Harare City Council from 2017 to date has flagged some buildings being constructed in the city amid concern that they pose a huge danger to the public.
Members of the commission this week grilled Harare acting town planner Samuel Nyabeze over a shopping mall constructed along Alpes Road in Vainona and a warehouse being constructed by a Chinese national in a residential area.
The commissioners asked Nyabeze whether council had adequately considered the shopping mall’s intended use when it approved the project, especially the decision to permit construction without a designated building line or boundary.
The shopping mall at corner Alpes and Grant roads is already complete and ready for occupation.
Investigators at the commission observed that the building was not a warehouse, but a “shopping mall which is going to receive high volume of traffic, including people”.
“And from the building, which we observed from the door of the shopping mall going out, you immediately get onto the highway, which is a road,” the commission heard.
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The commission also inquired whether council had considered the use of the building before approving it.
Nyabeze, however, said the situation had been misinterpreted.
“Yes, I would like to confirm that they considered the use of the building. And when I questioned them, they produced sections of the town planning scheme, which they said they relied on,” he said.
“Because those sections of the town planning scheme, they say that for a suburban commercial centre or a suburban commercial site, no building lines shall be left.
“A canopy can actually encroach onto the streets or onto the road by a maximum of 1,5 metres. That was the explanation. But to me, that interpretation was wrong.”
Nyabeze, however, agreed with the commission that council had erred in approving the building.
And commissioners asked what remedial action had been taken by council.
“We wanted the proceedings of this commission to be completed before maybe we start to engage her (the owner). Because the moment you try to engage her over the matter, (you) may actually be considered by some other people to be sub judice,” he said.
“We thought as soon as we are finished with the proceedings of the commission and also from the recommendations that will come from the commission, then we will communicate with her.”
On the residential building that was turned into a warehouse by a Chinese national Yang Pingyuan, the commission received evidence that the businessman has started the process of applying for change of use of the property.
“We noticed developments at the property in question and after the matter had been brought to our attention, we sent in our development control inspectors on site,” Nyabeze said.
“They confirmed the existence of the structure. We proceeded to issue the offending property owner a warning letter. And the warning letter that we dated February 23, 2024, where we state the infringement that is happening on the property.
“In fact, after we had issued the warning letter, we proceeded to write a report to council, requesting powers to enforce from council. We were granted those powers through a council resolution. We have this enforcement order, which is dated August 27, 2024.”
President Emmerson Mnangagwa appointed the commission led by retired judge Justice Maphios Cheda early this year to investigate financial management systems and audit compliance with the Public Finance Management Act and financial management of revenue generated through special vehicle companies and other out-sourced arrangements.