Kudzayi Zvivanashe
Harare –Civil society organisations, residents’ associations, and human rights groups have hailed a landmark Constitutional Court ruling that declared key provisions of the Regional, Town and Country Planning Act (RTCPA) unconstitutional.
The judgment, which reinforces constitutional protections against arbitrary evictions, is a significant victory for thousands of residents who have faced unlawful demolitions by local authorities without due process being taken. .
A seven-judge bench, including Deputy Chief Justice Elizabeth Gwaunza and Justices Bharat Patel, Paddington Garwe, Rita Makarau, Anne-Mary Gowora, Ben Hlatshwayo, and Nicholas Mathonsi, upheld a 2024 High Court ruling that challenged the legality of provisions allowing local authorities to demolish homes without court orders.
The bench confirmed that sections 32(2)(c) and (d) of the RTCPA were inconsistent with Section 74 of the Zimbabwean constitution, which safeguards citizens from arbitrary eviction.
Chitungwiza Residents Trust (CHITREST) initiated the case in 2020 after the municipality issued demolition orders for homes built without council approval in St Mary’s, Zengeza, Seke, and Nyatsime.
High Court Judge, Never Katiyo, had previously ruled that the RTCPA provisions relied upon by the municipality were outdated and unconstitutional, declaring the 2020 demolition order invalid.
The Constitutional Court’s decision has been widely celebrated by human rights groups and residents who have endured similar injustices.
Zimbabwe Lawyers for Human Rights (ZLHR), which represented CHITREST, praised the ruling as a critical step in protecting property rights and due process.
Local authorities had previously used the RTCPA to justify demolitions without court intervention, often displacing residents without notice under the pretext of enforcing zoning laws.
In 2024 alone, over 150 demolitions occurred in Harare, with allegations of corruption and mismanagement by officials exacerbating the crisis.
Reuben Akilli of the Combined Harare Residents Association (CHRA) welcomed the ruling, stating it would curb the abuse of power by local authorities.
“We stand with the constitution, and it is very clear that no house shall be demolished without a court order.
“You realise that the local authorities would demolish houses without court orders and mainly because they would be corrupt people who would also want to cover their tracks in particular on land parcelling to desperate house seekers,” said Akili.
Chitungwiza resident, Enock Siyawarima, described the ruling as victory for residents.
“It’s about time sanity prevailed. Residents have always been at the receiving end of these authorities who have no appetite to deliver quality service delivery but are bent on demolishing our houses and squeezing residents with dubious schemes such as regularizing dura walls.,” he said.
Precious Shumba of the Harare Residents Trust (HRT) called for further reforms, urging law enforcement and the judiciary to ensure compliance with the ruling to hold corrupt officials accountable.
“Law enforcement agencies and the judiciary should thoroughly apply the law to deal with individuals and groups that have assigned to themselves the power to allocate land belonging to local authorities without any consequences.
“Local authorities should help to strictly monitor developments on their land and should put in place means to inhibit the activities involving partisan land barons and corrupt council officials,” Shumba said.
The judgment also paves the way for affected residents to seek compensation.
ZLHR has urged the government to compensate victims of unlawful demolitions and hold accountable those responsible for the violations.
ZLHR has urged the government to ensure that those who suffered losses are adequately compensated and that corrupt local officials are held accountable for their actions.
“ZLHR calls upon residents, who have been subjected to forced and unlawful evictions, demolitions and displacements including having their livelihoods destroyed in violation of both the Constitution and international human rights law, to be provided immediate and adequate compensation while the wayward and felonious authorities, who were part of the eviction and demolition exercises around the country, to be held accountable,” said ZLHR. In a statement.
The decision marks a pivotal moment in Zimbabwe’s legal landscape, reinforcing constitutional safeguards and empowering citizens against unlawful evictions.