Linda Sahwenje v Tinashé Chitemere and Director of Works N.O (City of Harare) and City of Harare

Key Issues

• {"issue_text":"Whether the agreement of cession between the applicant and the first respondent is illegal and unenforceable under s 39(1) of the Regional Town and Country Planning Act.","issue_type":"law","dispositive":"yes","related_facts":"Cession agreement dated 31 May 2019; no subdivision permit at time of agreement; statutory prohibition under s 39(1)"}
• {"issue_text":"Whether the subdivision permit issued in respect of stand 40295 is valid where it was based on an illegal agreement.","issue_type":"law","dispositive":"yes","related_facts":"Permit issued 28 August 2020; based on cession agreement; no prior subdivision approval"}
• {"issue_text":"Whether the applicant had locus standi to challenge the subdivision permit given she had alienated her interest in the property.","issue_type":"procedural","dispositive":"no","related_facts":"Applicant ceded 1000 sqm; retained 1106 sqm; breach of agreement alleged"}
• {"issue_text":"Whether the applicant was required to exhaust domestic remedies by appealing to the Administrative Court under s 38 of the RTCPA.","issue_type":"procedural","dispositive":"no","related_facts":"No appeal filed to Administrative Court; High Court jurisdiction challenged"}

Background