High Court declares law allowing demolitions without court orders unconstitutional

ZIMSPHERE 

HARARE – The High Court of Zimbabwe has declared sections of the Regional Town and Country Planning Act [Chapter 29:12], previously relied on by local authorities to carry out demolitions without a court order, unconstitutional. 

Image: NewZimbabwe.com

In a statement, the Zimbabwe Lawyers for Human Rights (ZLHR) stated that 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 infringed Section 74 of the Constitution, which protects people against arbitrary eviction.

"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," ZLHR said. 

"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."

CHITREST had cited Local Government and Public Works Minister Daniel Garwe, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi and Attorney-General Virginia Mabhiza, as respondents in their application.

In 2020, the Chitungwiza Municipality said that some residents with houses in Chitungwiza’s St Mary’s, Zengeza, Seke and Nyatsime suburbs had to demolish their houses citing 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. 

These provisions, before the High Court ruling, gave local authorities powers to carry out demolitions without a court order if they deemed that such was a necessary remedy to rectify development done in contravention of the Regional Town and Country Planning Act. 

However, this ran contrary to the provisions of Section 74 of the Constitution which provides for the protection of citizens from arbitrary eviction. 

It provides, "No person may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances."