TO:

• The Town Clerk, City of Harare 
• Director of Works, City of Harare 
• Director of Spatial Planning and Development / Town Planning, City of Harare 
• Provincial Manager, Harare Metropolitan Province, Environmental Management Agency (EMA) 
• Chief Executive Officer, Upper Manyame Sub-Catchment Council 
• Chief Executive Officer, Zimbabwe National Water Authority (ZINWA) 
• Ward Councillor, Ward 7 (Highlands / Colne Valley / Chisipite)

CC:

• His Worship The Mayor of Harare 
• Member of Parliament, Harare North Constituency 
• Harare Wetlands Trust (HWT) 

RE: URGENT OBJECTION AND FORMAL COMPLAINT AGAINST RESUMED DEVELOPMENT ON STAND 413, COLNE VALLEY TOWNSHIP OF VIJAY (STEPPES ROAD, CHISIPITE / UMWINSI RIVER WETLAND CORRIDOR)

We, the undersigned residents and property owners of the Colne Valley and Chisipite community, write to raise an urgent objection and register a formal complaint regarding the renewed commencement of development activities on Stand Number 413, Colne Valley Township of Vijay (Steppes Road). 

This parcel is an officially identified, ecologically critical wetland traversed directly by the Umwinsi River. It is reserved as a Public Open Space. As documented in our previous formal submissions—specifically the Petition of 8 June 2020 and the Community Request to the Department of Works of 25 June 2021—this land has been subjected to repeated attempts at illegal clearance, unauthorised change of use, and persistent encroachment. 

A developer has once again moved onto the site to commence physical development, despite widespread community objections and the alleged absence of lawful statutory approvals. 

We draw your immediate attention to the following legal, procedural, and environmental violations:

1. Direct Breach of the 30-Metre Riparian Buffer Zone

The Umwinsi River runs directly through this parcel. Under the Environmental Management Act (Chapter 20:27) and Statutory Instrument 7 of 2007 (Environmental Impact Assessment and Ecosystems Protection Regulations), no development, excavation, or construction activity is permitted within 30 metres of the naturally defined bank of a public stream or river. 

Any clearing, ground levelling, or permanent structure inside this buffer zone constitutes a direct criminal contravention of the Act. 

2. Ongoing Encroachment and Lack of Development / Planning Approvals

The site and its immediate perimeter have already suffered from unverified encroachment, including:

• Fencing into the active riverbed, 
• Cultivation and building across the stream channel to create vehicular access from Steppes Road, and 
• Staging building materials on-site without public disclosure. 

This activity is occurring amidst an unprecedented surge in construction across the northern suburbs, much of it proceeding without proper site development plans, lawful subdivision permits, or statutory building permits issued in accordance with the Regional, Town and Country Planning Act (Chapter 29:12). We request to know whether any valid Development Permit or Site Plan exists for this stand, or if these works are proceeding without authorisation. 

3. Violation of Section 49 of the Regional, Town and Country Planning Act (Chapter 29:12)

Stand 413 is reserved as a Public Open Space / Public Place. In terms of Section 49 of the Regional, Town and Country Planning Act (Chapter 29:12), any proposed change of reservation or alteration of use requires explicit Ministerial consent. 

Crucially, Section 49 mandates statutory notification of all abutting and affected property owners, along with public notices published in the local press to afford the surrounding community an opportunity to lodge objections. No such notification or press advertisement has been served or published, rendering any purported lease, rezoning, or development authorisation procedurally invalid and illegal. 

4. Absence of an Approved Environmental Impact Assessment (EIA)

Stand 413 sits squarely in a delicate riverine wetland system. Under the First Schedule of the Environmental Management Act (Chapter 20:27), development within wetlands, riverbeds, and sensitive ecological zones strictly requires an Environmental Impact Assessment (EIA) and an approved EIA Certificate issued by the Environmental Management Agency (EMA) before any physical works can take place. 

No EIA stakeholder consultation has been conducted with abutting residents, nor has an EIA certificate been exhibited for this renewed activity. 

5. Acute Water Security Risks and Looming Super El Niño Conditions

The Chisipite, Colne Valley, and surrounding Harare North communities rely heavily on municipal borehole infrastructure and private boreholes as our primary water supply. The Umwinsi River and its surrounding sponge wetland act as the primary natural filtration and recharge basin for local underground aquifers. 

• Aquifer Depletion: Paving, draining, or building over this wetland directly diminishes aquifer recharge, exacerbating ground-water depletion at a time when residents are already facing severe borehole yields and dry wells. 
• Severe Climate Vulnerability: With the onset of severe El Niño / Super El Niño weather patterns—which bring intensified drought risks, extreme heat, and volatile precipitation cycles—preserving natural water catchments and functional recharge zones is an existential community necessity. 
• Stormwater Retention and Flooding: Stand 413 functions as the natural stormwater drainage corridor for runoff coming from upstream catchments (including Enterprise Road). There are no engineered municipal storm-water systems capable of replacing this riverbed. Obstructing this channel exposes neighbouring properties to catastrophic backwater flooding. 

Urgent Relief and Requests

In light of the ongoing threats to this public ecological asset, we call upon the City of Harare, the Environmental Management Agency (EMA), and ZINWA to immediately intervene and execute the following:

1. Issue an Immediate Cease and Desist / Stop-Order: Halt all unauthorised clearing, construction, and earthmoving activity on Stand 413 Colne Valley Township of Vijay with immediate effect.
2. Conduct an Inter-Agency On-Site Inspection: Direct EMA, the City of Harare Department of Works, and Upper Manyame Sub-Catchment Council to inspect the site, enforce the 30-metre river buffer, and assess existing encroachments. 
3. Public Disclosure of Permits: Require the developer and the Department of Works to present any purported lease agreements, Site Plans, Building Permits, or EIA Certificates for public scrutiny. 
4. Site Restoration and Permanent Protection: Enforce full ecological rehabilitation of the cleared areas at the developer’s expense and install clear municipal boundary signage designating Stand 413 as a protected Public Open Space / Wetland Sanctuary. 

We thank you for your urgent attention to this matter and await your formal written response and field intervention report.

Yours faithfully,

Representatives of the Colne Valley & Chisipite Community

(Petitions and verified community signatures attached / referenced) 

Attachments / Enclosures:

1. Petition Against Illegal Development of a Wetland: Stand 413 Colne Valley Township (8 June 2020) 
2. The Colne Valley Community Request to Department of Works regarding Stand 413 (25 June 2021) 
3. Signed Schedule of Affected Residents and Property Owners