By Musa Makina
The High Court has condemned the widespread and unlawful practice of local authorities demolishing residential properties across the country, deeming the legislation enabling such actions outdated and ineffective. In a ruling delivered on October 16, 2024, Justice Never Katiyo highlighted the arbitrary nature of these demolitions and called for a reevaluation of the laws that have been misused for years.
Justice Katiyo’s judgment follows a previous ruling on July 24, 2024, where he declared certain provisions of the Regional, Town and Country Planning Act unconstitutional, particularly sections 32(2)(c) and (d) and section 37(1)(a)(i). These sections had been used by Chitungwiza Municipality to issue enforcement orders for demolitions without proper legal grounds. The judge emphasized that local authorities must ensure that construction occurs only in areas free from land ownership disputes and must adhere to due process requirements outlined in section 74 of the Constitution, which protects citizens from arbitrary eviction.
The ruling came after residents represented by the Chitungwiza Residents Trust (CHITREST) sought legal redress in response to unjust demolitions. Their lawyers argued that the provisions in question violated constitutional rights, calling for their repeal. The High Court’s declaration will remain suspended for 12 months to allow the Minister of Local Government, the Minister of Justice, and the Attorney-General to amend the law to align it with constitutional standards. A confirmation hearing for the order of constitutional invalidity is scheduled for October 23, 2024, at the Constitutional Court.
