Home » Governance » Harare City Council Loses Case

The Administrative Court has ordered Harare City Council to grant Pamberi Trust a licence to operate a restaurant along Samora Machel Avenue. The city had declined to grant the Trust a licence to operate a restaurant at the Book Cafeacute arguing that the stand was too small and could not accommodate the required parking space within the premises. Aggrieved by the decision, Pamberi Trust appealed to the Administrative Court which allowed the appeal with costs. The city’s corporate services and housing director Mrs Josephine Ncube, recently told the Environmental Management Committee that council was required to grant the permit.

She said the court ruled that the issue of internal parking was overblown since the restaurants’ patrons were likely to visit the place when there was reduced traffic on the city roads and also there were similar restaurants in the area with no internal parking.

“City of Harare can, as a condition in getting the permit arrange that appellant premises be accessed through the less busy 6th Street entrance not from Samora Machel.

“Internal consultations were done with the director of works Engineer Phillip Pfukwa and Mrs Ncube concluded that there was no need to appeal since conditions can be imposed in granting of the permit,” read part of the Environmental Management Committee minutes.

Following the discussion, the committee noted the Administrative Court judgment and resolved to grant Pamberi Trust the licence.

However, the same court upheld a decision by the city to decline one Miriro Masunda a licence to establish a film studio.

Masunda wanted to convert a house into a studio and the city said it was against town planning regulations. The city argued that the studio would cause traffic congestion since it was along a busy road.

Source : The Herald