Crimes and Court Correspondent
In a significant victory for homeowners, the Zimbabwe High Court has ruled that demolishing houses without a court order is unconstitutional.
Justice Never Katiyo’s landmark decision comes after a legal challenge by the Chitungwiza Residents Trust (CHITREST), represented by Zimbabwe Lawyers for Human Rights (ZLHR).
“The Constitution is the supreme law of the land, and any law inconsistent with it is invalid to the extent of that inconsistency,” said Tinashe Chinopfukutwa, a human rights lawyer representing CHITREST.
The court declared sections 32(2)(c) and (d) and 37(1)(a)(i) of the Regional, Town and Country Planning Act unconstitutional, as they allowed local authorities to demolish houses without first obtaining a court order. This ruling invalidates a demolition order issued by the Chitungwiza Municipality in October 2020.
“This ruling secures the rights of homeowners against arbitrary actions by local authorities,” said Paida Saurombe, another lawyer from ZLHR.
“It’s a significant victory for residents across Zimbabwe, particularly those in informal settlements who have lived under the constant threat of demolition.”
The court has given the government 12 months to amend the offending sections of the Act to comply with the Constitution. If they fail to do so, the unconstitutional provisions will become null and void.
“The Ministry of Local Government, Public Works, and the Ministry of Justice, Legal and Parliamentary Affairs must ensure the law is brought in line with constitutional requirements,” said Chinopfukutwa.
“This ruling puts pressure on them to act.”
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