Lawyers seek lasting solution to arbitrary Zimbabwe demolitions

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Illegal structures demolished in Chitungwiza, Zimbabwe. Photo by Zimpapers

from MARCUS MUSHONGA in Harare, Zimbabwe
Zimbabwe Bureau
HARARE, (CAJ News) – HUMAN rights lawyers believe they have taken a significant step in securing a lasting solution to the recurring problem of arbitrary demolitions in Zimbabwe.

This by filing an application seeking an order of declaration of constitutional invalidity of some offensive by-laws, which permit local authorities to demolish houses without obtaining a court order as is required by the Constitution.

High Court Judge Justice Never Katiyo presided over the hearing of the constitutional challenge in which Chitungwiza Residents Trust (CHITREST) is seeking to invalidate some offensive provisions of the Regional, Town and Country Planning Act and declare them as unconstitutional.

CHITREST’s application follows a demolition order issued by Chitungwiza Municipality in a state-run newspaper in 2020, wherein the local authority indicated that some residents with houses situated in specific areas of St Mary’s, Zengeza, Seke and Nyatsime suburbs in Chitungwiza had to demolish their houses for the reason that the stands on which the houses were built on and the houses, were constructed without the local authority’s approval.

On behalf of CHITREST, Tinashe Chinopfukutwa and Paidamoyo Saurombe of Zimbabwe Lawyers for Human Rights, want the High Court to issue an order impugning 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.

Chinopfukutwa and Saurombe argued that the Constitution is the supreme law of the land and any law which is inconsistent with it is invalid to the extent of the inconsistency hence section 32(2)(c) and (d) and section 37(1)(a)(i) of the Regional, Town and Country Planning Act, are inconsistent with the provisions of section 74 of the Constitution.

The human rights lawyers want the High Court to issue an order declaring the said offending provisions constitutionally invalid.

They also want the demolition order issued by Chitungwiza Municipality to be declared as invalid.

Apart from Chitungwiza Municipality, CHITREST also cited Local Government and Public Works Minister, July Moyo, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi, and Attorney-General Prince Machaya, as respondents in their application.

In 2005, Zimbabwe embarked on a massive exercise to demolish some houses and structures that were said to be illegally constructed in some urban areas, which are an opposition stronghold.

– CAJ News

 

 

 

 

 

 

 

 

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