Just as the clock ticks away its seconds, quite often unnoticed, momentous events reshape the path of history and destiny, towards directions yet unknown.
The July 18 and October 16 2024 High Court of Zimbabwe verdicts on government and municipal demolition orders signal massive shifts in ways Zimbabweans think about, or interpret their constitution.
Another key lesson from the verdicts is that the national onstitution has to be read and interpreted in a comprehensive way, if we are to succeed in the search for development policies and programs that are sustainable.
Just as the High Court verdicts represent a resounding victory for the residents’ movement, in particular the Chitungwiza Residents Trust (CHITREST), this is perhaps a good time to appreciate the value and power of research, analytical strength, interpretive skills, and strong political will in upholding, protecting and advancing constitutional values and tenets, and in building policies that are credible.
During the 2000-2020 ‘Murambatsvina’ decades, Zimbabweans saw Sections 72 and 74 of the Constitution being, quite literally, glossed over as the state sought to deal with their demon of illegal settlements.
Citizens watched helplessly as entire homesteads, shops and structures considered ‘unauthorised and illegal’ were erased to the ground.
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There were very few attempts, if any, to challenge or reverse or correct Murambatsvina.
This is where the 2024 High court verdicts come as landmark decisions, major turning moments in Zimbabwe’s long, painful journey in search of land use and human settlement systems that are not only orderly and sustainable, but also where fundamental rights of vulnerable communities are protected.
In terms of Section 66 of the onstitution of Zimbabwe, every person has the right, ‘in any part of the country.. to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others’.
This underscores the importance of public access to, and ownership of property, such as land.
But the constitution also notes that situations can arise whereby the state is in competition with citizens over land.
When state interest in land entails deprivation of others, then, under Section 66, ‘.. this must be in terms of the law in general application’, or ‘in the interest of town and country planning’, or more specifically, when it is in the interests of ‘defence, public safety, public order, public morality, public health’, or ..’in order to develop or use that or any other property for purpose beneficial to the community’.
There are also clear procedures to be followed when acquiring that property.
Firstly, the acquiring public authority must give reasonable notice.
Secondly, there must be a court order.
Thirdly, the acquiring public authority must also pay fair and equitable compensation for ‘improvements’, (but not for the land).
In the event of dispute, Section 72 clearly states ‘…any person whose property has been acquired can apply to a competent court for prompt recovery of the property’.
The law also entitles any claimant for compensation to apply to a competent court for the determination of:
–(a) The existence, nature and value of their interest in the property concerned;
(b) The legality of the deprivation; and (c) The amount of compensation to which they are entitled, and to apply to the court for an order directing the prompt payment of any compensation. Section 72 further compels the state … ‘to take reasonable legislative and other measures, within the limits of resources available to it, to achieve the progressive realization of these rights’.
Following the intervention of CHITREST in 2020, the High Court judgement of July 18, 2024, (affecting all local authorities), declared demolition orders illegal, as this contravened Section 74 of the onstitution (freedom from arbitrary eviction).
The Regional Town and Country Planning Act was also found to be ultra vires the onstitution, and hence, like many pieces of legislation it needed realignment.
With the eastward expansion of Harare, reflecting a growing appetite of the city for urban residential, and industrial land, the Goromonzi Rural District Council (GRDC) has been invading rural communities within the peri-urban frontiers of the city, thereby depriving them of grazing and farming land.
Without a source of livelihood, and poverty stricken, communal dwellers started selling off portions of land in the vicinity of their homes, which is illegal in terms of the Communal Lands Act.
Then GRDC unveiled a ‘regularisation’ plan to modernise social service infrastructure and roads in the peri-urban regions.
But it was not immediately clear where the money for these developments would come from, granted for over a decade the local authority was running perennial deficits.
Zimbabwe’s economic meltdown, a result of exchange rate, financial and macroeconomic instability, has caused rampant unemployment and poverty in Zimbabwe.
How would government modernise and transform Harare’s struggling peri-urban frontiers when millions of dollars of devolution funds promised every year by the Finance minister fail to reach the local authorities?
A Zimbabwe Council of Churches ZCC study launched in Harare in March 2023 Environmental impact of Zimbabwe’s Economy under the theme, Finding Hope in Diversity, explored political, economic, environmental and social dimensions of life for the Zimbabwean citizen today.
The study noted challenges of policy inconsistencies, inflation, instability, economic uncertainty, human pain and suffering.
The study further noted for 86% of the population the economic environment is poor, corruption is endemic, and there is a fall in the level of trust in public institutions.
Additionally, are challenges of political intolerance and impunity, a sense of deepening anxiety and concern among citizens about unemployment and poverty, the worsening population access to basic commodities and services, and the deteriorating quality of life.
For the majority, informal markets are a major income source. As agriculture is a predominant source of economic livelihood, this implies a precarious dependence on unpredictable rains, and food insecurity.
ZCC highlighted that for 81% of the population health services are poor.
Many have to fork out out-of pocket cash to access health. Education is also unaffordable for 60% of the people.
Seventy percent of school drop outs are girls because of high fees, child pregnancies, child marriages, as well as because of drugs and substance abuse.
Eighty seven percent of Zimbabweans acknowledge drugs are a key challenge facing the youth, the chief cause of this being unemployment, lack of parental guidance, and recreation.
Quite worrisome is the finding that artisanal miners reported use of drugs to do their work/energiser.
Going forward.
The pressure of population expansion calls for appropriate interventions as a response to;
Rising demand for education, health, power, water, roads and infrastructure, and other local services,
Failure in the economy to create jobs with attendant social and psychological effects;
Rising local service rates vs declining wages/incomes, rising unemployment and poverty vs diminishing local services (amount and quality);
Emerging risks of mushrooming of unplanned human settlements, unsustainable land use/ environmental management systems;
Conflicts between residents and service providers, particularly in peri-urban regions.
This highlights the importance of appropriate research capacity, strong analytical and interpretive skills in the state to uphold, protect and advance constitutional values. Also critical is a strong, united, residents’ movement with mobilisation, research, analytical capacity to compliment local initiatives towards inclusive/effective local development programs, further providing a guarantee for;
Adequate legislative, institutional and policy mechanisms protecting poor/vulnerable communities during land acquisition by councils; minimum land losses, population displacements, and disruptions of livelihoods; educational and public awareness campaigns on Constitutional rights and policy privileges in context of encroaching urbanisation, targeting in particular municipalities, councils, traditional leaders, and residents’ associations, compensation for deprived communities, properly planned peri-urban models to lay the essential basis for well serviced cities in the future.
*These weekly articles are coordinated by Lovemore Kadenge, an independent consultant, managing consultant of Zawale Consultants (Private) Limited, past president of the Zimbabwe Economics Society and past president of the Chartered Government and Accountancy Institute in Zimbabwe. Email – kadenge.zes@gmail.com or Mobile No. +263 772 382 852