THE High Court has condemned the pervasive practice of demolishing residential properties by local authorities using outdated laws.
In a written judgment handed down on October 16, High Court judge Justice Never Katiyo ruled that the provisions of sections 32 and section 37 of the Regional, Town and Country Planning Act should be repealed.
Justice Katiyo made the judgment in a case in which Chitungwiza municipality had relied on the law to issue a demolition order.
On July 24, 2024, Katiyo had declared section 32(2)(c) and (d) of the Regional, Town and Country Planning Act as well as section 37(1)(a)(i) of the Regional, Town and Country Planning Act as ultra vires to section 74 of the Constitution.
The judge ruled that the demolition order issued by Chitungwiza Municipality on October 8, 2020 was invalid.
Justice Katiyo ruled that local authorities should follow due process and procedural safeguards provided in terms of section 74 of the Constitution, which guarantees freedom from arbitrary eviction.
He ruled that the impugned provisions of the Regional, Town and Country Planning Act do not provide a reasonable limitation of the right to freedom from arbitrary eviction.
Local Government and Public Works minister Daniel Garwe, Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi and Attorney-General Virginia Mabhiza as well as Chitungwiza Municipality were cited as respondents.
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The High Court judgment came after some aggrieved residents represented by Chitungwiza Residents Trust (Chitrest) filed an application challenging the municipality’s demolition order.
In the application, Chitrest represented by Tinashe Chinopfukutwa, Kelvin Kabaya and Paidamoyo Saurombe of Zimbabwe Lawyers for Human Rights, asked the High Court to issue an order impugning section 32(2)(c) and (d) as well as section 37(1)(a)(i) of the Regional, Town and Country Planning Act.
Chinopfukutwa, Saurombe and Kabaya sought an order declaring offending provisions of the Regional, Town and Country Planning Act constitutionally invalid.
The Constitutional Court will today preside over the hearing and determination of Chitrest’s application for confirmation of an order of constitutional invalidity.
