Crime and Courts
High Court Dismisses Crowhill Residents’ Bid to Reopen Mount Breezes Estate Road
The High Court has dismissed an application by the Upper Crowhill Residents Association that sought to overturn Mount Breezes Borrowdale Brooke Estate’s gated community status and reclaim use of a disputed road passing through the private development.
In a ruling handed down by Justice Joel Mambara, the court found the application to be “fatally defective” and an abuse of legal process, ruling that the association lacked the authority to bring the matter before the court and had acted “with dirty hands” by occupying stands and using an unapproved road without compliance certificates.
“The applicant’s unlawful conduct lies at the core of its claim,” Justice Mambara said. “One cannot construct an illegal road through another person’s property and then ask the court to declare it lawful.”
The dispute centred on Crowhill Road, which residents said historically provided access to Borrowdale Road. However, in 2015, the City of Harare issued a letter confirming it had “no objection” to Mount Breezes’ gated community plan, enabling the installation of gates that restricted access to non-residents.
The Upper Crowhill residents argued that the City’s approval was invalid and that any road servitudes were extinguished when the land was subdivided in 1999. But the court rejected that argument, finding the association was improperly constituted — having only been registered in 2024 — and could not reopen matters already resolved by previous judgments.
Drawing on submissions from the respondents, Justice Mambara remarked:
“A child born in 2024 cannot retroactively challenge decisions made by its parents in 2015.”
The judge also criticised the association for ignoring a binding 2014 consent order, which granted Crowhill Farm (Pvt) Ltd sole authority to represent residents in all legal matters until the development is formally regularised.
He further held that the association’s case was, in essence, a review of an administrative decision disguised as a declaratory application and was therefore out of time, as it sought to challenge a municipal decision made nine years earlier.
Dismissing the case with punitive costs, Justice Mambara cautioned that courts would not aid litigants who openly disregard the law.
“The courts cannot connive with or excuse deliberate illegality. Citizens must obey the law first and argue later,” he said.
The ruling reinforces previous court decisions affirming Mount Breezes residents’ right to a private, gated environment and effectively closes the chapter on Crowhill residents’ prolonged effort to reopen the contested access road.
A 35-year-old man from Village Zebediah under Chief Njelele has been sentenced to 15 years in prison for the attempted rape of a minor.
The Gokwe Regional Magistrates’ Court convicted Kupakwashe Hore following an incident that occurred earlier this month.
The court heard that on April 5, 2026, at approximately 09:00 hours, Hore arrived at a local homestead and took the complainant away to a nearby field. The victim is a young girl aged between four and five years.
While in the field, the offender undressed the child and lowered his own trousers. A local villager arrived at the scene just in time to intervene, pushing Hore away and rescuing the girl.
The witness then took the child back to her mother.
A formal report was promptly filed at ZRP Gokwe. The victim was subsequently referred to Gokwe Hospital for a medical examination to assess any harm.
In a statement following the sentencing, the National Prosecuting Authority of Zimbabwe (NPAZ) emphasized the importance of the ruling.
“The conviction and sentence reflect the gravity of sexual violence and the commitment of the NPAZ to ensure that those who act unlawfully face the full might of the law,” the authority stated.
The NPAZ further noted that the safety and dignity of children within Zimbabwean communities remain paramount to the justice system.
South Africa’s National Police Commissioner, Fannie Masemola, has been accused of receiving a R5 million bribe from businessman and football administrator Bobby Motaung.
The allegations were made on Sunday by suspended Mpumalanga Police Commissioner Daphney Manamela during a media briefing held in Mbombela.
Manamela alleged that the payment reportedly shared with Major General Botsotso Moukangwe was intended to block her return to office and halt the reopening of fraud and corruption investigations linked to Motaung.
The cases relate to a controversial tender involving the construction of Mbombela Stadium.
She further linked the matter to the 2010 killing of whistleblower Jimmy Mohlala, who had exposed alleged irregularities in the stadium project.
According to Manamela, purported confessions from Moukangwe support her claims.
Responding to the allegations, police spokesperson Athlenda Mathe described them as serious and confirmed that they will be subjected to formal investigation.
As of now, neither Masemola nor Motaung has issued a public response. The claims have raised fresh concerns about accountability and integrity within the South African Police Service.
Chipinge – Police are searching for a 30-year-old suspect who fled after allegedly shooting three people in Chimanimani, triggering a nationwide appeal for information.
The Zimbabwe Republic Police identified the suspect as Francis Makuma Magirayano, who is wanted in connection with an attempted murder case linked to an incident that occurred on April 18, 2026. Authorities believe he had recently returned from South Africa.
It is alleged that Magirayano, who was driving a silver Toyota Fortuner (registration number JV 70 SM GP), opened fire following a dispute with his wife, 26-year-old Mercyline Mahembe. He reportedly shot her several times, injuring her cheek, hand, and thigh.
The suspect is also accused of shooting his sister-in-law in the leg and a shopkeeper at Kopa Business Centre during the same incident.
All three victims were rushed to hospital in Chipinge, where they are still receiving treatment.
Police say the suspect remains at large and are urging members of the public with any information on his whereabouts to contact the ZRP National Complaints Desk or report to the nearest police station.
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