THE Constitutional Court bench has reserved judgment in a case in which the Chitungwiza Municipality sought to demolish some residential properties in the dormitory town.
Earlier this week, the High Court ruled that the demolition order was invalid as it was issued under outdated laws.
In a written judgment handed down on October 16, 2024, High Court Judge Justice Never Katiyo ruled that some sections of the Regional, Town and Country Planning Act and the Regional, Town and Country Planning Act should be repealed.
The ConCourt bench consisting of deputy chief Justice Elizabeth Gwaunza, Justice Rita Makarau, Justice Bharat Patel, Justice Ben Hlatshwayo, Justice Nicholus Mathonsi, Justice Paddington Garwe and Susan Mavhangira sat on Wednesday for confirmation of constitutional invalidity of the demolition order.
They, however, reserved judgment.
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 was represented by Tinashe Chinopfukutwa, and Teererai Mafukidze of the Zimbabwe Lawyers for Human Rights.
Chinopfukutwa, Saurombe and Kabaya sought an order declaring offending provisions of the Regional, Town and Country Planning Act constitutionally invalid.
