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<h2>The City of Harare on Wednesday, November 13, issued a statement on the recent demolition of 30 houses in Ridgeview, Belvedere.</h2>
<h2>The local authority said it has taken action to stop illegal land allocation by land barons in Belvedere, specifically in Ridgeview, where unauthorized developments were taking place. Below is the statement:</h2>
<blockquote>
Belvedere Demolitions: The Facts
The City of Harare is determined to stop land barons from illegally parcelling out land to unsuspecting residents and this criminality has to be stopped. It is important that we protect residents from criminals who falsify documents and sell the land to innocent victims. In the case of the Belvedere demolitions here are the facts below.
i. The land in question is Ridgeview Belvedere described as remainder of Salisbury Township Lands(STL) Plan Number TP2F/2219/3 which was approved in 2002.
ii. This land is legally owned by the City of Harare and is designated for residential purposes. This piece of Council land has fifty-two (52) unserviced residential stands. The valuation of the stands was done and approved by Council in 2021. Before Council could allocate the stands, the land was invaded by individuals led by a company going by the name Brickstone Builders and Contractors Private Limited. At that material time they erected wooden cabins on 15 stands.
iii. The stands do not have the requisite water, sewer, roads and storm water drains which are required before one can settle on land.
iv. In 2022 meetings chaired by His Worship, Mayor of the City of Harare Clr.J. Mafume were held between Council and representatives of Brickstone Builders and Contractors (Pvt) Ltd. During the meetings, Council informed the illegal invaders to follow due process in acquiring Council land.
v. Contrary to the advice given during the meetings, Council noticed that developments had started on the ground in July 2023. The illegal developments paused a health hazard to the neighboring community.
vi. The illegal developments sparked an outrage from the neighboring community.
vii. Council responded to the illegal developments by instituting demolitions during that month. Brickstone Building and Contractors Private Limited took Council to court indicating that the company had been allocated the land by the Ministry of Local Government and Public Works. They attached the letter from the Ministry signed by a Mr. Madzivire. On inquiry from the Ministry, Council was advised by the Ministry that the letter was fake and Mr. Madzivire distanced himself from authoring that letter. The Chief Director Spatial Planning Mr. Mushamba also distanced the Ministry from the allocation of council land to Brickstone.
viii. The City of Harare issued 48 hour notices to the occupants to stop developments and in response to the notices, Brickstone Building and Contractors Private Limited, using fraudulent documents, approached the Court and were granted an interdict on the basis of the fake documents.
ix. The interdict was granted on condition that the status quo was to remain and that no further developments were to be undertaken by the illegal invaders.
x. The illegal invaders did not take heed of the interdict and proceeded to construct structures on the piece land without approved architectural building plans as well as the attendant mandatory inspections.
xi. In compliance with the relevant terms of the interdict, the City moved in to demolish those structures that were developed after the issuance of the interdict. The structures that were covered by the interdict were left intact.
xii. Thirty (30) illegal structures at various stages of construction were demolished.
xiii. The City of Harare has since approached the Courts for a court order to demolish the 3 that were covered by the interdict.
The City of Harare remains committed to addressing urban challenges and ensuring the well-being of its residents. The demolitions will also dissuade land barons who have remained undeterred and continue selling stands to desperate home seekers.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

The City of Harare demolished 30 houses in Belvedere to stop illegal land allocation. The land belongs to the city and was invaded by a company called Brickstone Builders. The company used fake documents to claim the land. The city gave notices to stop development, but the company continued. The city then demolished the illegal structures. The city is committed to protecting residents and stopping land barons from selling land illegally. They are also seeking a court order to demolish the remaining illegal structures.

Harare City Council Clarifies Position On Belvedere House Demolitions | Full Statement

The government has distanced itself from the recent demolitions of houses in Ridgeview, Belvedere, and has ordered the Harare City Council to cease further destruction.
Last week, the City of Harare demolished nearly 20 houses in Ridgeview, claiming they were built on land illegally acquired from land barons.
The council also announced that the demolition blitz would soon extend to other areas in the capital where similar illegal structures were identified.
However, in an interview with ZBC News on Tuesday, Local Government Minister Daniel Garwe said that the government was not involved in the demolitions.
He said the council had acted without consulting the parent ministry and had proceeded with the demolitions independently.
The minister also issued a directive for the council to halt any further demolitions until proper consultations were held. He said:
<blockquote>
We condemn that action, and yesterday we directed the mayor and town clerk to stop the demolitions. We distance ourselves from, and the central government distances itself from such behaviour. We have nothing to do with that.
</blockquote>
However, Garwe said that while citizens have a fundamental right to housing, this right mustn’t be exploited through the establishment of illegal settlements. He said:
<blockquote>
The new dispensation values all citizens and respects the constitution, which says housing is a fundamental right.
People have the right to housing, but that said, we must not take the law into our own hands and say, I can build a house wherever I want.
The law will still visit you. We do not want to take advantage of certain developments, and people must not start building recklessly.
</blockquote>
The demolitions have ignited a heated debate among residents. Some blame illegal settlers for purchasing land from land barons, arguing that they should have known better.
Others, however, point to Harare’s severe housing shortages as a significant factor driving the increase in illegal construction.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

The government did not want houses in Harare to be destroyed. The City of Harare knocked down houses last week because they were built on land that was not allowed. The government said they did not know about this and told the council to stop destroying more houses. The government believes everyone has the right to a home, but they should not break the law to build one. Some people blame those who bought land in the wrong way, but others say there are not enough houses in Harare, so people build illegally.

Government Distances Itself From Harare House Demolitions

The High Court of Zimbabwe has declared unconstitutional the provisions in the Regional, Town and Country Planning Act that allowed Local Authorities to demolish homes without a court order.
In a statement, the Zimbabwe Lawyers for Human Rights (ZLHR), said in 2020, the Chitungwiza Municipality issued a demolition order for homes in several suburbs, citing the provisions of Sections 32 and 37 of the Regional, Town and Country Planning Act.
Aggrieved residents, represented by the Chitungwiza Residents Trust (CHITREST), filed a court application challenging the constitutionality of these provisions.
CHITREST argued that Sections 32(2)(c), 32(2)(d), and 37(1)(a)(i) of the Act violated Section 74 of the Constitution, which protects people against arbitrary eviction.
The High Court, in a ruling by Justice Never Katiyo, agreed with CHITREST and declared these sections of the Act to be unconstitutional and invalid.
The High Court order gives the government 12 months to amend the law to bring it in line with the Constitution’s protections against arbitrary eviction. Reads the statement:
<blockquote>
The High Court has dismantled an archaic and obnoxious law, which several local authorities had abused for several years to demolish people’s houses across the country.
In 2020, Chitungwiza Municipality issued and published a demolition order in the state-run Herald newspaper, 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 reportedly constructed without the local authority’s approval.
In issuing the demolition order, Chitungwiza Municipality said it was acting in terms of provisions of sections 32 and 37 of the Regional, Town and Country Planning Act.
This then compelled some aggrieved residents represented by Chitungwiza Residents Trust (CHITREST) to file an application in 2020 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 Constitution.
In the application, CHITREST, which was represented by Tinashe Chinopfukutwa, Paida Saurombe and Kelvin Kabaya of the 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.
Apart from Chitungwiza Municipality, CHITREST also cited Local Government and Public Works Minister Hon. Daniel Garwe, Justice, Legal and Parliamentary Affairs Minister Hon. Ziyambi Ziyambi and Attorney-General Virginia Mabhiza, as respondents in their application.
Now, the High Court has taken a significant step in securing a lasting solution to the recurring problem of arbitrary demolitions in Zimbabwe after Justice Never Katiyorecently granted an order of constitutional invalidity sought by CHITREST.
On 24 July 2024, Justice Katiyo 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.
The High Court Judge also declared the demolition order issued by Chitungwiza Municipality on 8 October 2020 to be invalid.
Justice Katiyo declared that the order of constitutional invalidity would be suspended for a period of 12 months from the date of confirmation by the Constitutional Court in order to enable Hon. Garwe, Mabhiza and Hon. Ziyambi to amend the impugned legislation so that it complies with section 74 of the Constitution.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

The High Court of Zimbabwe said it's not okay for local authorities to demolish homes without a court order. In 2020, a town planned to destroy houses because they didn't have approval. But, some residents said this was wrong and took the matter to court. The court agreed and said the law allowing demolition without a court order is not fair. The court gave the government 12 months to fix the law. This decision stops local authorities from destroying houses without permission.

Court Declares Provisions Allowing Demolitions Without Court Orders Unconstitutional

National Housing and Social Amenities Minister Daniel Garwe said Government had started the construction of the housing projects in different parts of the country to provide alternative accommodation to victims of demolitions.
Hundreds of families were this year left homeless after local government authorities razed down their houses that were allegedly built on undesignated sites or built on land that had been illegally acquired while some had not been approved by authorities.
In an interview with The Sunday Mail, Garwe said Cabinet had directed that the first phase should commence forthwith.
The project will use $75 million already provided by Treasury to implement works at Cowdray Park in Bulawayo, Binga and Cross Dete in Matabeleland North, and in Masvingo City. He said:
<blockquote>
There’s full commitment by the Government to resolve the issue. Government intends to provide alternative accommodation for the households before the end of 2021. Construction of flat apartments for the relocation exercise is now underway at various sites which include Dzivaresekwa, Highfield and Senga Messengers Camp. The first four blocks of flats in Dzivaresekwa are targeted for completion by December 31, 2021 and there’s significant progress on the ground.
A total of 14 Garikai/Hlalani Kuhle settlements will constitute the first phase, while the costing of additional settlements is ongoing. In order to allow meaningful works to commence before the onset of the 2021/2022 rainfall season, Treasury has undertaken to disburse ZW$450 million by October, in tranches of ZW$150 million in August, ZW$150 million in September, and ZW$150 million in October 2021.
Under the former Messengers Camp projects, Treasury availed ZW$200 million for construction works to commence at the Highfield (Harare) and Senga (Gweru) camps. The Public Works Department will construct four of the eight blocks at the Senga camp, with the remaining four blocks being reserved for tendering. Treasury has provided ZW$140 million to enable works to commence.
</blockquote>
A government exercise to do away with all remaining irregular settlements identified ten farms – Highwood, Rockwood, Umzi and Sussex under Mazowe district; Glen Forest, Gletywn, Lot 1 of Eyrecourt, Remainder of Carrick Creagh of Borrowdale Estate, and Remainder of Churu Farm under Harare; and Arcon in Goromonzi district.  They will be considered for regularisation.
 The verification exercise is expected to be completed by November 2021.
More: <a href="https://www.sundaymail.co.zw/flats-houses-for-demolition-victims">The Sunday Mail</a>

Construction Of Flats, Houses For Demolition Victims Underway - Garwe

Founder and leader of the Goodness and Mercy Ministries, Prophet Tapiwa Freddy has bemoaned the destruction of the church’s structure in Glen View 1 by the Harare City Council.
Freddy was left flummoxed by the City Fathers’ move as they did not warn him beforehand to remove materials from the temporary structure. Said, Freddy:
<blockquote>The church was demolished maybe because we occupied this place on a temporary basis. When they demolished it they claimed it was illegal.
Everyone was aware of this; that is why we did not build it on a permanent basis. We were just expecting them to tell us to remove the structures like what we had agreed on the first place.
So to our uttermost surprise, they just demolished without giving us any notice.
We were shocked because we used to have a good relationship with the Harare City Council. We have engaged them in many cases.
This place that we are right now it’s a counselling centre of Goodness and Mercy Ministries. We have its papers that is why it was not demolished, but where we were holding our church service, was on a temporary basis.
All along for the past three years, we were using tents fully aware that we cannot build anything and we even communicated with the local councillors here, and they gave us permission to set up a proper shed, which was stronger but on a temporary basis, and that is what we did.
We were just expecting them to tell us to remove it, but not to come and demolish just to cause an unnecessary commotion.</blockquote>
<h4>More: <a href="https://www.herald.co.zw/council-betrayed-me-says-prophet/" rel="noopener noreferrer" target="_blank">The Herald</a></h4>

'Prophet' Feels Let Down By Council

Harare Mayor Herbert Gomba has shed light on why the city council demolished the structure Prophet T Freddy was using as a congregation assembly for his church, despite Freddy claiming he was paying council rates at his current location.
According to iHarare the Mayor said they offered Freddy land suitable to set up a structure for his congregation but he refused. Said the Harare Mayor in an interview with Zimbo Live:
<blockquote>What happened is that government through the cabinet directed that illegal structures be removed. That was communicated through the laws of the country. What has happened in terms of the particular case that you have raised is that, years back, we as council planned for a church stand be allocated to Prophet Freddy, we actually went around to do our work as is expected in terms of the law, the Regional Town and Country Planning Act and we offered a church stand to prophet Freddy.’
‘What you need to understand is that there is land suitable for church purposes and land not suitable, so when the prophet approached council he actually went to the district officer and he had an arrangement with the district officer, which arrangement is deemed illegal in terms of the law, but in between, because he has been staying there for years, the local councillor made an arrangement to help him secure a piece of land that is suitable for church purposes, that was drawn up and offered to him but his argument for years is that I cannot move because my congregants cannot then track me to where I will be.</blockquote>
Freddy in an interview with the same publication reportedly did not deny that he was offered land by the council which he reportedly declined.
More: <a href="https://iharare.com/harare-mayor-speaks-on-demolishing-prophet-freddys-church/">iHarare </a>

We Offered Him Land Suitable To Erect His Church, He Refused - Harare Mayor Speaks On The Demolition Of Prophet T Freddy's Church