News / National
Women sue govt over demolition of their houses
16 Feb 2016 at 01:26hrs | Views
Two women from Arlington Estate in Hatfield, Harare who lost their houses through the government instigated demolitions have sued the government over the displacement.
Zimbabwe Lawyers for Human Rights Communications officer Kumbirai Mafunda posted on Facebook that finally the judgement in the case in which ZLHR lawyers Fiona Iliff and Belinda Chinowawa took government to court over the demolition of houses in Arlington Estate in Hatfield, Harare is out.
"We are encouraged that Justice Priscilla Chigumba ruled that: "It is a disgrace for two government departments to admit that houses which had been built without the requisite planning authority were demolished and razed to the ground without a court order, without notice in writing being given to all those likely to be affected," he posted. "The process was not procedurally fair. What is shocking and of great concern is the apparent misapprehension by these government departments, of their duty to uphold the Constitution, by ensuring that their conduct is not only lawful, it must be procedurally fair."
Mafunda said under no circumstances are government departments at liberty to unilaterally and arbitrarily demolish any structures in the absence of a court order authorizing them to do so, whether the structures were built without approval of building plans, or layout plans or without complying with any other legal requirement.
"Even if the structures are an eyesore, they cannot just be razed to the ground at the drop of a hat, or on a whim. This is a democratic society in which such conduct, especially on the part of government department whose operations are funded by taxpayers' money, is not justifiable," he said.
Zimbabwe Lawyers for Human Rights Communications officer Kumbirai Mafunda posted on Facebook that finally the judgement in the case in which ZLHR lawyers Fiona Iliff and Belinda Chinowawa took government to court over the demolition of houses in Arlington Estate in Hatfield, Harare is out.
"We are encouraged that Justice Priscilla Chigumba ruled that: "It is a disgrace for two government departments to admit that houses which had been built without the requisite planning authority were demolished and razed to the ground without a court order, without notice in writing being given to all those likely to be affected," he posted. "The process was not procedurally fair. What is shocking and of great concern is the apparent misapprehension by these government departments, of their duty to uphold the Constitution, by ensuring that their conduct is not only lawful, it must be procedurally fair."
Mafunda said under no circumstances are government departments at liberty to unilaterally and arbitrarily demolish any structures in the absence of a court order authorizing them to do so, whether the structures were built without approval of building plans, or layout plans or without complying with any other legal requirement.
"Even if the structures are an eyesore, they cannot just be razed to the ground at the drop of a hat, or on a whim. This is a democratic society in which such conduct, especially on the part of government department whose operations are funded by taxpayers' money, is not justifiable," he said.
Source - Byo24News