News / National
Court orders demolition of illegal rural clinic
08 Sep 2024 at 11:59hrs | Views
The High Court has ordered the demolition of a clinic in Domboshava after the local rural district council (RDC) challenged its legality.
The clinic, built by Precious Gwande on communal land she claimed to have inherited from her grandmother, was found to have been constructed without proper authorization. The RDC argued that the clinic did not meet required standards and had been built irregularly.
On August 20, 2021, the RDC issued an enforcement order requiring Gwande to cease all construction and demolish the clinic. Gwande, unsatisfied with the RDC's orders, contested the decision at the Administrative Court, which upheld the RDC's stance. She then appealed to the Supreme Court, which dismissed her appeal on September 13, 2022.
Following the Supreme Court's dismissal, the RDC pursued the matter in the Magistrate's Court, seeking a demolition order and the reclamation of the land. Gwande defended her position by claiming that the land had been occupied peacefully by her family since 1961 and that she had not received a response to her construction application.
The RDC filed for summary judgment in the Magistrate's Court, arguing that Gwande's defense was invalid as the enforcement orders had already been confirmed by higher courts. The case was subsequently escalated to the High Court, where judges Samuel Deme and Amy Tsanga ruled in favor of the RDC, ordering the clinic's demolition. They emphasized that there was no unique issue with the Magistrate's Court granting demolition orders.
However, the High Court also noted procedural shortcomings, particularly the lack of opportunity for parties to fully present their arguments regarding the court's jurisdiction. The ruling highlighted that had the parties been given a chance to make their submissions, the court might have reached a more informed decision on the matter.
The clinic, built by Precious Gwande on communal land she claimed to have inherited from her grandmother, was found to have been constructed without proper authorization. The RDC argued that the clinic did not meet required standards and had been built irregularly.
On August 20, 2021, the RDC issued an enforcement order requiring Gwande to cease all construction and demolish the clinic. Gwande, unsatisfied with the RDC's orders, contested the decision at the Administrative Court, which upheld the RDC's stance. She then appealed to the Supreme Court, which dismissed her appeal on September 13, 2022.
Following the Supreme Court's dismissal, the RDC pursued the matter in the Magistrate's Court, seeking a demolition order and the reclamation of the land. Gwande defended her position by claiming that the land had been occupied peacefully by her family since 1961 and that she had not received a response to her construction application.
The RDC filed for summary judgment in the Magistrate's Court, arguing that Gwande's defense was invalid as the enforcement orders had already been confirmed by higher courts. The case was subsequently escalated to the High Court, where judges Samuel Deme and Amy Tsanga ruled in favor of the RDC, ordering the clinic's demolition. They emphasized that there was no unique issue with the Magistrate's Court granting demolition orders.
However, the High Court also noted procedural shortcomings, particularly the lack of opportunity for parties to fully present their arguments regarding the court's jurisdiction. The ruling highlighted that had the parties been given a chance to make their submissions, the court might have reached a more informed decision on the matter.
Source - the standard
