News / National
Court rules against demolition of illegal homes
25 Oct 2018 at 08:32hrs | Views
In a landmark ruling, the Supreme Court has outlawed the demolition of illegal homes or eviction of people from illegal structures in the absence of a court order.
The ruling of the court now nullifies statutory laws which were previously used by councils to demolish illegal structures and evict illegal settled people.
Justice Vernada Ziyambi, Justice Paddington Garwe and Justice Antonia Guvava presided over an appeal lodged by the Harare City Council challenging a High Court order which had declared unlawful the demolition of respondents' houses in Budiriro 4.
The respondents, Tawanda Mukungurutse, Patrick Chikohora and Cledwin Mutete were represented by Advocate Thabani Mpofu with Belinda Chinoava while council was represented by Advocate Luwis Uriri.
In coming with its decision, the court relayed Section 74 of the new constitution which specifically forbids the demolition of people's homes in the absence of a court order.
The Harare City Council had demolished the illegal incomplete homes belonging to the respondents using statutory legislative powers based on the fact that the structures were illegal structures and not homes for human habitation.
However, in its landmark ruling, the Supreme Court broadly and purposively defined a home as a dwelling place, a fixed residence of a family or household, a house or apartment that is the usual place where one resides or a place in which ones or a family are centred.
The effect of the judgement of the Supreme Court is that council shall only be able to evict or demolish illegal homes when they have sought authorization form the court.
The ruling of the court now nullifies statutory laws which were previously used by councils to demolish illegal structures and evict illegal settled people.
Justice Vernada Ziyambi, Justice Paddington Garwe and Justice Antonia Guvava presided over an appeal lodged by the Harare City Council challenging a High Court order which had declared unlawful the demolition of respondents' houses in Budiriro 4.
The respondents, Tawanda Mukungurutse, Patrick Chikohora and Cledwin Mutete were represented by Advocate Thabani Mpofu with Belinda Chinoava while council was represented by Advocate Luwis Uriri.
In coming with its decision, the court relayed Section 74 of the new constitution which specifically forbids the demolition of people's homes in the absence of a court order.
The Harare City Council had demolished the illegal incomplete homes belonging to the respondents using statutory legislative powers based on the fact that the structures were illegal structures and not homes for human habitation.
However, in its landmark ruling, the Supreme Court broadly and purposively defined a home as a dwelling place, a fixed residence of a family or household, a house or apartment that is the usual place where one resides or a place in which ones or a family are centred.
The effect of the judgement of the Supreme Court is that council shall only be able to evict or demolish illegal homes when they have sought authorization form the court.
Source - zbc
