Who Pays Compensation When Council Gets It Wrong?
By Advent Shoko
HARARE – A double-storey commercial building in Vainona is heading for demolition after Harare Mayor Councillor Jacob Mafume declared that the structure will be pulled down, bowing to resident pressure despite the project having council-approved architectural plans.
The building, sitting at the corner of Alpes and Grant Roads, has become a textbook case of planning failure, weak oversight and legal gridlock at Town House. The core issue is straightforward but explosive: the structure encroaches into the road reserve, extending onto Alpes Road, something residents say compromises safety, traffic flow and long-term urban planning.
Mayor Mafume insists the city’s policy position is settled. He made it clear council is siding with residents, not developers. He said:
“We have issued the positions as policymakers that it was built wrongly… It’s going to end in being brought down. I represent the residents; they are not happy with that structure, and we will comply with their wishes.”
Pressed on whether the owner should be compensated given council’s approval error, Mafume distanced himself from the legal fallout. He said:
“I am not his lawyer. If he believes there has been a fault, he should consult his lawyer.”
What has further inflamed tensions is that construction and finishing continued even after the building was flagged in 2024. When CheckPoint visited the site, the structure was complete but unoccupied, with painting and tiling done, moves residents believe were deliberate. Residents believe the owner was aiming to get higher compensation as the value has gone up.
City officials have since admitted internal failure. Acting Director of Urban Planning Samuel Nyabezi acknowledged inspectors approved plans without properly assessing site conditions, a confession that has raised accountability questions.
Despite tough rhetoric, demolition is stalled. Mafume says the city is hamstrung by litigation initiated by the owner, freezing enforcement until courts rule.
The owner, Allen Shonhiwa, maintains the project was lawful, saying everything was done “above board” and arguing commercial developments should not be judged like nearby homes.
Who Pays When Council Gets It Wrong?
Beyond Vainona, the case feeds into wider fears: who pays when council gets it wrong? If compensation is ordered, the bill will land on ratepayers, not the officials who approved the plans.
For now, the building stands, a concrete reminder of Harare’s fragile planning credibility.
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