High Court Rules Against Unlawful Demolitions
By Kwedu News
The High Court has condemned local authorities’ pervasive practice of demolishing residential properties nationwide following a judgement on October 16, 2024, where High Court Justice Never Katiyo ruled that sections 32 and 37 of the Regional, Town, and Country Planning Act are outdated
Justice Katiyo declared these provisions unconstitutional, as they don’t provide reasonable limitations on the right to freedom from arbitrary eviction, guaranteed by section 74 of the Constitution.
This comes after Chitungwiza Residents Trust (CHITREST) filed an application in 2020, challenging the constitutionality of certain by-laws permitting local authorities to demolish homes without a court order.
Represented by Tinashe Chinopfukutwa, Kelvin Kabaya, and Paidamoyo Saurombe of Zimbabwe Lawyers for Human Rights, CHITREST argued that these provisions infringed upon section 74.
Resultantly, Sections 32(2)(c) and (d) and 37(1)(a)(i) of the Regional, Town, and Country Planning Act were deemed unconstitutional and the 2020 demolition order issued by Chitungwiza Municipality was declared invalid.
The High Court also ruled that local authorities must ensure construction doesn’t occur in disputed areas and follow due process safeguards.
The Constitutional Court reviewed CHITREST’s application for confirmation of the order of constitutional invalidity yesterday (October 23, 2024)
The High Court has given the government 12 months to amend the impugned legislation to align with the Constitution.
Justice Katiyo’s judgment affects Local Government and Public Works Minister Hon. Daniel Garwe, Justice, Legal, and Parliamentary Affairs Minister Hon. Ziyambi Ziyambi, and Attorney-General Virginia Mabhiza, who were cited as respondents, alongside Chitungwiza Municipality.
