Harare- The City of Harare is facing intense criticism after launching a legal appeal to overturn a High Court judgment ordering it to urgently rehabilitate the dilapidated Mbare Flats and restore basic water, sanitation, and hygiene services to residents.

The appeal targets judgment HCH4825/24, delivered after the Combined Harare Residents Association (CHRA) successfully sued the City Council.

The CHRA argued the city had flagrantly violated residents’ constitutional right to safe and adequate housing by allowing the Mbare hostels to fall into a state of dangerous disrepair.

The High Court had ruled that the living conditions at Mbare Flats – characterized by broken sewer systems, chronic water shortages and severe overcrowding, pose a significant public health risk. It ordered the city to take “immediate action” to restore dignity, protect health, and upgrade the facilities.

Instead of complying, the City of Harare has opted to challenge the ruling itself. This move has drawn condemnation from housing advocates and public health experts who see it as a betrayal of the city’s poorest residents.

“The court recognized the emergency situation in Mbare – raw sewage, no water, disease risk. The city’s duty was clear: fix it,” said the CHRA in an alert.

“Appealing the judgment is not just legally questionable; it’s morally indefensible. It prioritizes bureaucracy over the lives and health of thousands.”

The Mbare Flats, originally built as migrant hostels, have long been notorious for their squalid conditions.

Residents endure overflowing sewage, unreliable or non-existent water supplies, crumbling infrastructure, and severe overcrowding, creating a breeding ground for waterborne diseases.

“The court order was a lifeline,” stated a public health specialist familiar with the area.

“By appealing, the city is actively choosing to prolong a public health crisis. Diseases like cholera and typhoid thrive in these conditions, and the most vulnerable – children and the elderly – bear the brunt.”

Housing rights groups warn that the city’s appeal threatens to deepen an already severe humanitarian crisis. They argue that the city is effectively fighting for the right to neglect its constitutional obligations to provide basic services and habitable housing.

“The message this appeal sends is chilling,” commented a local housing advocate.

“It tells residents of Mbare, and other neglected communities, that their rights and their suffering are not a priority for the City of Harare. It undermines the very purpose of the constitutional protections they successfully invoked in court.”

The City of Harare has yet to publicly detail its specific legal grounds for the appeal or provide an alternative plan for addressing the crisis at Mbare Flats.

As the legal battle proceeds, thousands of residents remain trapped in hazardous conditions, with the prospect of essential repairs now delayed indefinitely.