Africa-Press – Zimbabwe. HIGH Court Judge Justice Munangati Manongwa has granted an interim order that prohibits the United Methodist Church from continuing to host church services and other functions at its property in Borrowdale, Harare.
This decision follows an ongoing legal battle that spans more than 15 years between the church and residents.
Residents of Doveton Avenue applied to block the church from using its property to hold services and other events.
They claim that the church services have led to major disruptions due to noise pollution and congestion in the community.
The court was told that the United Methodist Church began its activities on the Borrowdale property in 2006, without obtaining the required permit to host church services.
Court papers indicate that officials from the City of Harare advised the church to stop such activities until it had approval.
Even though the church received the town planning permit in 2017, the court ruled that it did not allow the church to be used as a worship space or a place for gathering.
The church’s refusal to seek an operating permit or provide evidence of a permit demanded by residents led to the legal proceeding.
For its part, the church claimed that it received a change of usage permit, which, it claimed, allowed the operations.
The court, however, found that it was not the case that a town planning permit served as an operating licence.
In addition, the court ruled that the claim of the applicant was not barred by the Prescription Act, as the violations continued and the basis for the actions arose after they were informed of the church’s ongoing illegal operations.
Justice Manongwa stressed that residents had the right to have a peaceful enjoyment of their homes and that their rights were being violated due to the activities of the church.
In addition, the judgment noted the fact that the church’s insistence on functioning without proper authorisation was a violation of the rights of residents.
This court’s ruling sets an important legal precedent regarding the necessity of getting the proper permit for religious and commercial activities in residential areas.
The church was ordered to stop using Borrowdale as a venue for church services and events until it received an operating permit.
In addition, the church was ordered to pay the cost of the lawsuit.
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