High Court Declares Demolition Law Unconstitutional

Wisdom
1 Min Read

By Correspondent

A High Court ruling has declared as unconstitutional a law which allowed Councils to demolish houses without court orders.

Justice Never Katiyo said The Regional, Town and Country Planning Act should be amended to comply with the Constitution.

The state has since been given 12 months to amend the law.

The ruling follows a case brought by the Chitungwiza Residents Trust (Chitrest) against an order given by Chitungwiza Council in 2020.

The Council issued demolition orders for houses in areas such as Seke, Nyatsime, Zengeza citing the Regional, Town and Country Planning Act.

Council said the houses were constructed without the local authority’s approval.

However, residents went to court arguing the law was unconstitutional.

The court agreed leading to the ruling against the law.

The High Court has also declared the demolition order issued by Chitungwiza Council in 2020 to be invalid.

CHITREST was represented by Tinashe Chinopfukutwa, Paida Saurombe and Kelvin Kabaya of the Zimbabwe Lawyers for Human Rights.

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