Councils Cannot Demolish Properties Or Evict People From Houses Without A Court Order

Supreme Court judge Justice Vernanda Ziyambi, sitting with two other judges of the court of appeal, ruled that the 1979 by-law relied upon by councils over the years to demolish properties deemed to be illegal infringes Section 74 of the Constitution.

Justice Ziyambi recently confirmed a High Court judgment of 2015 that ruled illegal the council demolitions in a case involving three Budiriro 4 families. Three members of Nyikavanhu Housing Co-operative; Mr Tawanda Mukungurutse, Mr Patrick Chikohora and Mr Cledwyn Mutete, who were represented by Advocate Thabani Mpofu successfully challenged the demolition of their houses by Harare City Council. Said Justice Ziyambi:

Section 74 of the Constitution forbids in clear and unambiguous terms, the demolition of homes without a court order. The law in terms of which the appellant (council) acted, though valid in the past, became invalid when the Constitution came into effect.

More: Herald

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One Comment on “Councils Cannot Demolish Properties Or Evict People From Houses Without A Court Order

  1. Basa re council nderekuona kuti vanhu havasi kuzvigarisa panzvimbo dzisidzo uye zvisiri pamutemo asi chinoshamisa ndechekuti vanorega vanhu vatange vapedza kuvaka vozouya vachiti tave kuda kuputsa imba. council work ne politics hazvifanire kubatanidzwa

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