The City of Harare and property developer Everson Loony have agreed to stop all construction on the disputed Borrowdale West wetland until the High Court decides an urgent application filed by conservationists, according to NewZimbabwe.com reporting. The undertaking was made in court on Friday, with the main hearing set for December 7.
The application was brought by BirdLife Zimbabwe and the Zimbabwe Human Rights, Environmental and Social Justice Trust, represented by prominent human rights lawyer Beatrice Mtetwa and lawyer Doug Coltart. The conservationists want an interdict suspending work on the gazetted wetland until Environment, Climate and Wildlife Minister decides an appeal against the environmental approval granted for the project.
What the parties agreed in court
Speaking outside court, Coltart confirmed the local authority and the developer had committed to halting all development pending the determination of the matter.
«The City of Harare and Everson Loony, the developer, made an undertaking in court that they will stop all development until the determination of this matter,» he said.
Timelines were agreed for the exchange of pleadings between the parties, and the December 7 hearing will hear oral arguments on whether construction should remain suspended while the court examines the legality of the Environmental Impact Assessment certificate issued to the City of Harare by the Environmental Management Agency.
Why the Borrowdale West wetland matters
The dispute concerns a proposed development of 21 low-density residential units, access roads, parking facilities and associated infrastructure on the Borrowdale West wetland, situated between Chatsworth Road and Twickenham Road. The City of Harare was granted EIA Certificate Licence No. L10000178245 on March 10, 2026, for the project known as Remainder of Salisbury Township Lands Low Density Infill.
The applicants argue that the environmental clearance does not override the wetland's separate legal protection as a gazetted ecologically sensitive area. They lodged an appeal with the minister on October 23, challenging the certificate and seeking to stop the project pending his decision.
In her founding affidavit, Mtetwa accused the local authority of continuing to disturb the wetland despite the appeal. She said she personally visited the site on October 29 and found work still underway.
«Despite the lodging of the appeal, work has continued to be done in the area, and it is, therefore, necessary to halt this pending a determination of the appeal,» Mtetwa said.
Alleged breaches and expert warnings
The applicants further allege that some construction activities have extended beyond the 5.06-hectare area covered by the EIA certificate, potentially breaching the approval conditions. They also question whether the City of Harare obtained the separate written authorisation required under Section 113 of the Environmental Management Act for development on a gazetted wetland.
An ecological assessment by expert Dr Cunliffe, filed in support of the application, found that virtually the entire proposed development site falls within the protected ecological area. The wetland forms part of the Gwebi River headwater system and the Upper Manyame catchment, which drains into Lake Manyame, one of Harare's major water sources.
Cunliffe warned that construction could destroy the wetland's natural capacity to absorb rainfall and replenish groundwater, while increasing the risk of flooding, soil erosion and water contamination.
«The wetland should therefore be regarded as functioning natural water infrastructure rather than simply as undeveloped land available for conversion,» he said.
He recommended that the housing project be relocated outside the gazetted ecological area and its drainage buffers.
A pattern of lawlessness on our land
This case does not sit in isolation. It comes amid a broader assault on orderly land use in Harare, driven by greed and disregard for the national interest. The Herald reported this month that police arrested 67 land barons in a crackdown on illegal land deals, with 24 individuals and one housing co-operative arrested for fraud involving 69 land seekers in areas including Warren Park, Glen View, Waterfalls, Borrowdale and Mabvuku.
NewsDay Zimbabwe also reported that Harare warned illegal settlers to pay regularisation penalties directly to the council within 14 days or face demolition of their structures. When land is parcelled out for quick profit, whether by land barons or by those who should know better, it is ordinary Zimbabweans who pay the price through flooded suburbs, contaminated water and destroyed catchments.
Our land is not a commodity to be carved up by the unscrupulous. It is the inheritance of our liberation struggle, won through the blood of the heroes of the Second Chimurenga. President Mugabe taught us that the land is the people, and the people are the land. To bulldoze a gazetted wetland that feeds Lake Manyame, the very lifeblood of our capital, is to spit on that heritage.
What happens on December 7
The applicants are not asking the High Court to overturn the EIA certificate at this stage. They want the wetland preserved by stopping all development until the minister determines their challenge to the environmental approval.
The applicants argue that allowing construction to continue while the minister considers the appeal would render the legal challenge meaningless, because the environmental damage could be irreversible by the time a decision is made.
They also rely on Zimbabwe's National Human Settlements Policy, which states that no infrastructure development activities are permissible on wetlands and provides for a 30-metre development-free buffer.
The December 7 hearing will determine whether the court grants an interdict maintaining the suspension of construction pending the outcome of the appeal.
Frequently asked questions
Why did construction stop on the Borrowdale West wetland?
The City of Harare and developer Everson Loony undertook in court on Friday to halt all development pending the High Court's determination of an urgent application by BirdLife Zimbabwe and the Zimbabwe Human Rights, Environmental and Social Justice Trust.
When will the High Court hear the case?
The High Court will hear oral arguments on December 7 on whether construction should remain suspended pending the determination of an appeal against the EIA certificate issued to the City of Harare.
Why is the Borrowdale West wetland protected?
The wetland is a gazetted ecologically sensitive area within the Gwebi River headwater system and the Upper Manyame catchment, which drains into Lake Manyame, one of Harare's major water sources.