ANTHONY MAKINTOSH
v
- THE CHAIRMAN, ENVIRONMENTAL MANAGEMENT COMMITTEE OF CITY OF HARARE (2) CITY OF HARARE
SUPREME COURT OF ZIMBABWE
ZIYAMBI JA, GWAUNZA JA & GOWORA JA
HARARE, SEPTEMBER 19, 2013
L Uriri, for the appellant
C Kwaramba, for the respondents
ZIYAMBI JA: This is an appeal against a judgment of the Administrative Court. The appellant, an accountant by profession, carries on business as C & J Accounting and Secretarial Services (Pvt) Limited. On 20 December 2010, the appellant applied to the respondents for a permit in terms of s 26 of the Regional Town and Country Planning Act [Cap 29:12] (“the Act”) to alter the character of the use of Stand 76 Groombridge Township 2 of Lot 39A Mount Pleasant otherwise known as 162 The Chase, Mt Pleasant, Harare from residential to business premises, namely, a motor cycle showroom and offices. It is common cause that the appellant was, at the time of the application, already operating a motor cycle showroom as well as accounting offices from the said premises.
On 1 June 2012, the City of Harare wrote to the appellant refusing the application for a permit on four grounds.
