High court strikes down unconstitutional demolition orders

 

Philemon Jambaya

Zim Now Editor

The High Court has ruled against the unlawful and arbitrary demolition of residential properties by local authorities in Zimbabwe. In a landmark judgment, Justice Never Katiyo declared certain provisions of the Regional, Town and Country Planning Act unconstitutional and invalid.

 The court found that the impugned legislation, which allowed local authorities to demolish houses without proper legal procedures, had outlived its usefulness and was incompatible with the Constitution. Justice Katiyo emphasized the importance of due process and procedural safeguards in preventing arbitrary evictions.

 The judgment came in response to an application filed by the Chitungwiza Residents Trust , which sought to challenge the demolition of homes in Chitungwiza. The residents argued that the local authorities had abused their powers and violated the constitutional rights of residents.

 The High Court ruled that the demolition orders issued by Chitungwiza Municipality were invalid and that local authorities must follow proper procedures before taking such drastic actions. The court also suspended the order of constitutional invalidity for 12 months to allow the government to amend the impugned legislation to comply with the Constitution.