HARARE City Council selectively demolished houses belonging to ordinary citizens in Ridgeview and Belvedere suburbs without a court order, while sparing structures in the same areas belonging to the “rich and politically-connected” , investigations by NewsDay have revealed.
While many houses were reduced to rubble during the demolitions, a few were left unscathed, with revelations that they belong to some “big fish”.
This comes at a time when government has distanced itself from the demolitions, describing the city council’s actions as “cruel and inhumane”, especially during the rainy season.
Speaking in Parliament on Tuesday this week, Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi said the city council’s actions were illegal.
“In fact, in this particular case, where the City of Harare was demolishing houses, I checked if there was a court order, there was no court order,” Ziyambi said.
“All the issues that they are raising are also subject to the commission of inquiry investigation.
They are the ones that have been allowing the buildings to be built. They are the ones as well that have demolished the houses.
“You can go and check, they even demolished without a court order. We have also requested that it be investigated.”
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Ziyambi added: “Why wait until a house has been built and then send bulldozers to destroy some of the beautiful structures? It is not fair to those people.
“So I think it’s a point of national interest that our local authorities, largely controlled by the opposition, must have been able to articulate some of these issues from a human rights perspective.”
But Harare mayor Jacob Mafume insisted that the demolitions were above board while ignoring to respond to why the council selectively demolished houses.
“We, as council, have followed the dictates of the law. The law says that a person (who wants to) own the land, must purchase the land, must seek various permissions from council before they construct,” he said.
“People are advised to follow the law. Should anyone have a contrary opinion, the law can and is able to be changed.
“Until the law is changed, we are duty-bound and we have sworn an oath to follow the law.”
The demolitions by the Harare City Council, which is under investigation for corruption, mismanagement, embezzlement and nepotism by the commission of inquiry appointed by President Emmerson Mnangagwa, have been roundly condemned.
In a statement yesterday, Local Government and Public Works minister Daniel Garwe instructed the mayor and town clerk to stop the demolitions.
“We condemn that action and we directed the mayor and town clerk to stop the demolitions,” Garwe said.
“We distance ourselves from, and the central government distances itself from such behaviour. We have nothing to do with that.”
In a recent ruling, the High Court said local authorities were using outdated laws to carry out demolitions and such actions violated constitutional protections like freedom from arbitrary eviction.
Justice Never Katiyo deemed sections 32 and 37 of the Regional, Town and Country Planning Act unconstitutional after Chitungwiza Municipality had sought a demolition order following a challenge by the Chitungwiza Residents Trust.
