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The High Court has condemned the unlawful practice of local authorities demolishing residential properties and criticised the outdated legislation that enabled these actions.
Justice Never Katiyo delivered the written judgment on October 16, 2024, declaring certain provisions of the Regional, Town and Country Planning Act outdated and unconstitutional.
Justice Katiyo previously ruled on July 24, 2024, that specific sections of the Act were unconstitutional as they violated section 74 of the Constitution, which protects against arbitrary eviction.
The judge invalidated a demolition order issued by Chitungwiza Municipality on October 8, 2020, highlighting the need for local authorities to adhere to constitutional procedures.
Local authorities must ensure that construction occurs only in legally recognized areas and follow due process to prevent arbitrary evictions.
The court has given a 12-month suspension on the ruling of constitutional invalidity, allowing government officials to amend the relevant legislation to comply with constitutional standards.
The ruling follows an application by aggrieved residents, represented by the Chitungwiza Residents Trust (CHITREST), seeking to declare certain by-laws unconstitutional for allowing demolitions without court orders.
CHITREST was represented by lawyers from Zimbabwe Lawyers for Human Rights, who argued that the provisions of the Act were inconsistent with the Constitution.
The Constitutional Court is scheduled to hear CHITREST’s application for confirmation of the constitutional invalidity order on October 23, 2024, at 9:30 AM.
This development was confirmed by the Zimbabwe Lawyers for Human Rights (ZLHR) in a statement issued this Tuesday, 22 October. Below is the statement:
<blockquote>
THE High Court has frowned upon the unlawful and pervasive practice of local authorities in demolishing residential properties across the country and criticised the impugned legislation, which they had abused for several years, to arbitrarily demolish houses and evict people, as having outlived its usefulness.
In a written judgment handed down on 16 October 2024, High Court Judge Justice Never Katiyo adjudged that the provisions of section 32 of the Regional, Town and Country Planning Act and section 37 of the Regional, Town and Country Planning Act, which Chitungwiza Municipality relied upon in issuing some enforcement orders, had outlived its usefulness and hence should be repealed and realigned with the Constitution.
Justice Katiyo had earlier on 24 July 2024 declared 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 to be ultra vires section 74 of the Constitution and therefore unconstitutional and had also declared the demolition order issued by Chitungwiza Municipality on 8 October 2020 to be invalid.
On 16 October 2024, Justice Katiyo ruled that local authorities such as Chitungwiza Municipality, which administer the Regional, Town and Country Planning Act, must always ensure that construction of residential properties on areas, where there are disputes of ownership of land, do not take place in their full view and they must not react after the construction of houses.
The Judge stated that local authorities must follow due process and procedural safeguards provided in terms of section 74 of the Constitution, which guarantees freedom from arbitrary eviction.
Justice Katiyo 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.
The High Court Judge declared that the order of constitutional invalidity will be suspended for a period of 12 months from the date of confirmation by the Constitutional Court in order to enable Local Government and Public Works Minister Hon. Daniel Garwe, Justice, Legal and Parliamentary Affairs Minister Hon. Ziyambi Ziyambi and Attorney-General Virginia Mabhiza, who were cited as respondents alongside Chitungwiza Municipality, to amend the impugned legislation so that it complies with section 74 of the Constitution.
The High Court judgment came after some aggrieved residents represented by Chitungwiza Residents Trust (CHITREST) in 2020 filed an application seeking an order of declaration of constitutional invalidity of some offensive by-laws, which permitted local authorities to demolish houses without obtaining a court order as is required by the provisions of the Constitution.
In the application, CHITREST, which was represented by Tinashe Chinopfukutwa, Kelvin Kabaya and Paidamoyo Saurombe of Zimbabwe Lawyers for Human Rights, asked 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, Saurombe and Kabaya 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 requested the High Court to issue an order declaring the said offending provisions constitutionally invalid because section 32(2)(c) and (d) as well as section 37(1)(a)(i) of the Regional, Town and Country Planning Act, infringes section 74 of the Constitution, which confers a right on people against arbitrary eviction from their homes.
Chinopfukutwa, Saurombe and Kabaya also requested the High Court to declare the demolition order issued by Chitungwiza Municipality in 2020 as invalid.
Following Justice Katiyo’s judgment, the Constitutional Court will on Wednesday 23 October 2024 at 9: 30 AM preside over the hearing and determination of CHITREST’s application for confirmation of an order of constitutional invalidity sought by the residents’ association.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

The High Court said it's wrong for local governments to destroy homes without a good reason. Outdated laws that allowed this were criticized. A judge ruled that part of the law was against the Constitution. The court said a town needed to follow better rules before destroying homes. People stood up against this unfair practice and took their case to court. Now, the government has to fix the law. The court's decision will be checked by the Constitutional Court on October 23. The Zimbabwe Lawyers for Human Rights helped residents fight against the unfair demolitions.

High Court Rules Against Arbitrary Property Demolitions In Landmark Judgment

Residents of Chitungwiza, Zimbabwe’s largest dormitory town, have implored the local authority to urgently address the persistent water shortages plaguing the area.
The residents, represented by the Chitungwiza Residents Trust (CHITREST), have sent a letter of demand to the Chitungwiza Municipality, protesting the local authority’s failure to provide adequate, safe, and clean water to residents.
In the letter, which was written to Chitungwiza Municipality on 10 October 2024 by the residents association’s lawyers Tinashe Chinopfukutwa and Kelvin Kabaya of Zimbabwe Lawyers for Human Rights (ZLHR), CHITREST argues that the municipality’s failure to provide adequate, safe, and clean water violates the residents’ constitutional right to water and their right to a safe and healthy environment.
The water crisis worsened after the closure of the Prince Edward Water Treatment Plant, leaving Chitungwiza with only 1-3 megalitres of water during weekends, against a daily demand of at least 75 megalitres.
This dire situation has resulted in all 25 wards of Chitungwiza not receiving running and potable water, forcing residents to resort to unsafe sources like shallow wells and potentially contaminated boreholes, exposing them to waterborne diseases.
CHITREST has demanded that the municipality immediately provide clean water through bowsers, supply and equip all boreholes with chlorine tablets or chlorinators, and furnish the residents with a long-term plan to address the water crisis.
Failure to comply with these demands could result in CHITREST taking legal action against the local authority to compel it to address the unending water problems.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Residents in Chitungwiza, a town in Zimbabwe, are very upset because there is not enough water for them. They are asking the town leaders to fix the problem. The town's main water treatment plant is closed, so they have very little water. People are getting sick from drinking unsafe water from wells and boreholes. The residents are demanding that the town brings them clean water, gives them a plan for the future, and fixes the boreholes. If the town doesn't do this, they might go to court. Residents want clean and safe water for everyone in Chitungwiza.

Chitungwiza Residents Confront Council Over Water Shortages

The Zimbabwe Lawyers for Human Rights (ZLHR) has written to the Ministry of Local Government and Public Works, urging it to cancel the basic orientation training for Mayors and Chairpersons scheduled for August 21 to 23, 2024.
ZLHR lawyer Harrison Nkomo, representing the Chitungwiza Residents Trust (CHITREST), wrote to the Ministry on Tuesday to verify the authenticity of a letter dated August 16 and signed by K. Ncube on behalf of the permanent secretary.
In the letter, CHITREST argued that this basic orientation training constitutes a serious violation of constitutional rights, including the rights to impartial and non-partisan administrative conduct, as well as freedom of assembly and association. A Statement issued by ZLHR on Tuesday reads:
<blockquote>
On behalf of Chitungwiza Residents Trust, we have asked the Ministry of Local Government and Public Works to cease and desist from holding a so-called basic orientation training for Mayors and Chairpersons of local authorities scheduled to run for 2 days in Harare, which critics label as an indoctrination exercise.
The Ministry of Local Government and Public Works had on 16 August wrote an invitation letter to all Mayors and Chairpersons of all local authorities across the country inviting them to attend a two-day basic orientation training to be facilitated by the Chitepo School of Ideology, which is a ruling ZANU PF political party affiliated institution, in Harare from Wednesday 21 August 2024 to 23 August 2024.
The Ministry of Local Government and Public Works had justified the so-called basic orientation training as necessary to expose Mayors and Chairpersons of local authorities to the ideals of national security and patriotism as espoused by the Chitepo School of Ideology.
This incensed CHITREST, which on Tuesday wrote a letter to the Ministry of Local Government and Public Works seeking to confirm the authenticity of the letter and whether it had originated from the ministry.
In the letter written by Harrison Nkomo of the ZLHR to the Ministry of Local Government and Public Works and the Chitepo School of Ideology, CHITREST demanded that the two institutions should cease and desist from conducting the so-called basic orientation training.
CHITREST protested that the planned so-called basic orientation training offends several provisions of the Constitution and amounts to a grave violation of constitutional rights to impartial and non-partisan administrative conduct and the freedom of assembly and association.
The residents association said the contents of the invitation letter from Ministry of Local Government and Public Works to all Mayors and Chairpersons of local authorities were contrary to the spirit of the Constitution in several respects.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Chitungwiza residents are upset about training for Mayors by Chitepo School of Ideology linked to ZANU PF. They say it violates their rights. Lawyers for Human Rights asked the Ministry to cancel the training. The training aims to teach about national security and patriotism. Residents don't want the training to happen. They believe it goes against the Constitution. The residents' association wants the Ministry to stop the training immediately. They think it is unfair to force the Mayors to attend this training. Residents are demanding their rights to be respected.

Chitungwiza Residents Demand Stop To Mayors' Chitepo School Of Ideology Training

Chitungwiza Town Council lavished police officers conducting a demolition exercise in the town with takeaway food at a time service delivery has plunged to unprecedented levels.
More than 100 officers, including police officers drawn from Chitungwiza’s three stations – St Mary’s, Chitungwiza (Makoni) and Zengeza, police support unit and Municipality police were reportedly treated to chicken and chips and food bought from another top-class eatery in town.
The local authority also bought fuel for vehicles that were used in the exercise including council, Zimbabwe Republic Police as well as Local Government ministry trucks that had been taken from the central government.
Councillors in Chitungwiza have since distanced themselves from the exercise, reminiscent of the 2005 <a href="https://www.pindula.co.zw/Operation_Murambatsvina" rel="noopener" target="_blank">Operation Murambatsvina.</a>
The demolitions of illegal structures within Harare Metropolitan Province commenced on Monday following a directive from Tafadzwa Muguti, the provincial development coordinator.
<a href="https://news.pindula.co.zw/2021/06/09/mdc-a-denounce-operation-murambatsvina-part-2/" rel="noopener" target="_blank">READ MORE: MDC Alliance Denounces “Operation Murambatsvina Part 2”</a>
Chitungwiza residents through Chitungwiza Residents Trust (Chitrest) on Thursday got an interim court relief interdicting the continuation of the demolitions. Chitrest director Alice Kuvheya said:
<blockquote>We heard that council used its money to do the demolitions. We heard that they bought the food for the officers and fueled the vehicles.
It’s surprising that council is able to fund such an exercise when they can’t provide residents with essential services.
We don’t have water, garbage is all over the town, no medication. Council workers are not being paid yet they decide to go demolish informal traders’ sources of income.
The traders pay the taxes and rent to the council and the council comes back to them using their money to demolish their structures. It’s so inhumane.</blockquote>
Kuvheya said they would make sure every cent is accounted for with regards to the demolitions.
The Standard could not get a comment from Chitungwiza mayor Lovemore Maiko on Saturday as did not pick his phone while acting town Evangelista Machona was not reachable.
<h4>More: <a href="https://www.thestandard.co.zw/2021/06/13/demolitions-council-gives-cops-big-treat/" rel="noopener" target="_blank">The Standard</a></h4>

Council Gives 'Murambatsvina' Cops Huge Treat

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