Ncube vs City of Harare HC 2780/2020
this case ZELA supported Mr Younger on behalf of his son(Mqondisi Ncube) to
file a case against City of Harare pertaining to Golden Quarry dumpsite. On or
about the 5th of October 2019 Mqondisi Ncube was passing through Golden
Quarry dumpsite as an access route from Westlea to National Sport stadium.
Mqondisi fell into a spent bleaching earth mainly found from cooking oil
producing industries as a waste byproduct and it was burning below the visible
level of the heap. He sustained injuries into both legs, feet and forearms.
Upon getting instructions from the father, ZELA sought an opinion from EMA to
hear water is happening. EMA indicated
that the quarry in question is owned and operated by City of Harare. It further
indicated that City of Harare was operating the dumpsite without a hazardous
waste licence and it failed to put in place measures to protect the public from
the hazardous dumpsite.
relief that is being sought by ZELA in this case is
- City of Harare to cease to operate the dumpsite
without a hazardous waste licence as required by the law.
- City of Harare to be ordered to put precautionary
measures to protect the public against hazardous waste at the dumpsite.
- A declaration that the conduct that was exhibited by
City of Harare by operating the hazardous waste dumpsite and failure to put in
place precautionary measures violates section 73 of the Constitution as well as
section section 81.
of Harare through its lawyers opposed this matter.The crux of its opposition is
to say that they had put precautionary measures but the property was
is paramount to note that ZELA through this case seeks to deal with the
dumpsite challenges in cities in Zimbabwe which pose as a danger to the public
and the environment at large. Specifically, ZELA seeks to promote proper waste
management practices whose problems are a ticking time bomb to the society.
Most importantly, ZELA intends to promote respect for children`s rights that is
provided for in terms of section 81 of the Constitution of Zimbabwe.