Mnangagwa Administration Sued Over Unsafe Flyovers – Eduzim News

By A Correspondent

A High Court judge, Justice Never Katiyo, is set to hear an urgent application on Tuesday, January 14, filed by the Zimbabwe Lawyers for Human Rights (ZLHR) on behalf of the Harare Residents’ Trust (HRT).

The case seeks to address the government’s failure to repair unsafe flyovers that pose a serious risk to residents of Harare.

The residents filed the application at the Harare High Court on February 15, 2024, requesting an order to compel the Minister of Transport and Infrastructural Development, Felix Mhona, to address the defects on three of the city’s flyovers. The flyovers in question are located along Simon Mazorodze Road, Lytton Road, and Fidel Castro Road.

These defects were highlighted in a report dated July 27, 2012, which identified a range of issues that require urgent repair.

HRT is calling on the High Court to order Minister Mhona to fix the defects within 90 days of the court’s ruling, ensuring that the flyovers are safe for road users. The trust is also seeking a declaration that the minister’s failure to address the defects violates the residents’ constitutional rights to a safe environment, as guaranteed under Section 73(1)(a) of the Constitution, which protects citizens from harm to their health and well-being.

In the application, HRT, through its legal representative Tonderai Bhatasara of ZLHR, and Loreen Mupesa, a Harare resident who frequently uses the flyovers, argue that the minister, as the official responsible for road maintenance and rehabilitation, is obligated to ensure public safety by maintaining safe roads.

Loreen Mupesa expressed frustration, stating, “The failure to address these issues puts our lives in danger. We cannot continue to wait while these defects remain unchecked.” HRT, alongside Mupesa, criticized Minister Mhona for his failure to act, arguing that the neglected flyovers have become increasingly unsafe with each passing day.

The defects were first identified by officials from the Ministry of Transport and Infrastructural Development and the City of Harare during a joint inspection, which led to the July 27, 2012, report. The report detailed numerous serious defects, including spalling concrete on the bottom flanges of beams, severe corrosion of reinforcement steel, visible cracks along the centerline deck, severely damaged expansion joints, excessive vibration of the superstructure, poor drainage, water leakage at expansion joints, and longitudinal cracks.

Despite the fact that the Ministry of Transport acknowledged these defects in 2021 and pledged to rectify them, no repairs have been made. “While the Ministry acknowledged the issues years ago, nothing has been done to fix them. The situation is getting worse,” HRT stated in their application.

The residents and HRT are now seeking the intervention of the High Court to compel Minister Mhona to prioritize the repairs and eliminate the danger posed by the flyovers to motorists and pedestrians alike.

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