Residents sue EMA and City of Harare to stop construction project on wetland

RESIDENTS’ groups and an environmental trust have filed an urgent court application seeking to stop construction on a protected wetland in Harare, warning of irreversible ecological damage.

Further, they allege that authorities approved the project through a secretive and unlawful process.

The application, lodged at the Administrative Court, pits the trustees of the Harare Wetlands Trust, the Highlands Residents Association and the Newlands Residents Association against New Life Covenant Church, Gateway Construction Private Limited and several government bodies including the Environmental Management Agency and the City of Harare.

The applicants are seeking an interim interdict to immediately halt all construction works on Stand 18692, Boundary Road, pending the determination of an appeal and a planned court review of approvals granted for the project.

In their founding affidavit, the trust’s project coordinator Selestino Chari describes the development as unlawful and environmentally dangerous.

“This matter is urgent as it relates to the unlawful destruction of a wetland… if the court fails to act urgently there is going to be permanent destruction… which would be irreversible.”

The dispute centres on construction activities that began in February 2026, when residents noticed fencing and building works on land they say is a critical wetland feeding Harare’s water system.

According to the application, authorities later confirmed that an Environmental Impact Assessment (EIA) licence and development permit had been issued, alongside ministerial approval to change the land’s use.

But the applicants argue the approvals were granted without public consultation and in violation of environmental and administrative laws.

“Unfortunately, all administrative action that has been taken thus far, has been done in secrecy without affording the Applicants procedural rights,” the application states.

Chari further alleges that the approval process deliberately excluded affected communities: “The compliance process has been done in secrecy… the secrecy has been intentional and has been purposeful to avert any scrutiny.”

The applicants contend that the wetland plays a crucial role in sustaining Harare’s water supply, forming part of the headwaters feeding the Mukuvisi River and ultimately Lake Chivero, the city’s main reservoir.

“The destruction of the wetland by way of construction is direct violation of the right to water,” Chari says, warning that disruption of natural drainage systems could worsen already strained water supplies.

“Given the scarcity of city water, this only aggravates water shortages within the city,” he adds.

The court papers also accuse authorities of breaching constitutional and statutory obligations by failing to involve stakeholders in decision-making processes.

“I aver that the issuing of the EIA licence… was illegal and unfair as it was done without carrying out prior consultation with any of the parties who would be deemed stakeholders,” Chari said.

Residents say attempts to obtain information from authorities were frustrated, with key records allegedly inaccessible.

“At every point… we are advised that the file is missing,” the affidavit says, raising concerns about transparency in the approval process.

Despite ongoing appeals to the Minister of Environment and legal correspondence demanding a halt to construction, the developers have continued work on the site.

“There is a danger in allowing construction to continue in the face of non-compliance of the law,” the application states, adding that any delay in intervention would render future remedies meaningless.

“It would be unjust to allow the 1st Respondent to continue working on the land when the compliance documents… are fruits of a poisonous tree,” Chari says.

The applicants argue that they have no alternative remedy after police and regulatory interventions failed to stop the project.

“The only reasonable urgent approach… is seeking a provisional order halting all works on the land pending the determination of compliance,” the affidavit states.

Environmental advocates say wetlands are vital for flood control, water filtration and sustaining urban water supplies, and warn that unchecked development could have long-term consequences for the capital.

The case is pending hearing.

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