ZIMBABWE Lawyers for Human Rights (ZLHR) welcomes the Constitutional Court (ConCourt)’s judgement outlawing “bulldozer justice”, where-in some local authorities, had for several years inflicted untold suffering and misery among residents, through carrying out widespread and punitive arbitrary evictions of people and demolitions of residents’ houses without following the due process of law.
In a historic move, the ConCourt on Wednesday 5 February 2025, handed down a “turning point” judgement against local authorities by declaring some impugned provisions of the Regional, Town and Country Planning Act, which they had abused and used to justify the pervasive practice of demolishing residents’ properties without following due process, to be unconstitutional.
The ConCourt confirmed the order of constitutional invalidity issued by the High Court in 2024 in a case in which Chitungwiza Residents Trust (CHITREST), represented by Advocate Tererai Mafukidze, who was instructed by Tinashe Chinopfukutwa, Kelvin Kabaya and Paidamoyo Saurombe of ZLHR, had in 2020 filed an application seeking an order of declaration of constitutional invalidity of some provisions of the Regional, Town and Country Planning Act, which permitted local authorities to demolish houses without obtaining a court order as is required by the provisions of the Constitution.
The ConCourt ruled that the demolition of residents’ houses is a “complete negation of the fundamental rights embodied in section 74 of the Constitution irrespective of the legality or otherwise of the structures concerned.”
In a written judgement handed down by Justice Bharat Patel with the concurrence of six other Judges of the ConCourt namely Deputy Chief Justice Elizabeth Gwaunza, Justice Paddington Garwe, Justice Rita Makarau, Justice Anne-Mary Gowora, Justice Ben Hlatshwayo and Justice Nicholas Mathonsi, the apex court unanimously upheld High Court Judge Justice Never Katiyo’s judgement where-in in 2024 he adjudged that the provisions of sections 32 and 37 of the Regional, Town and Country Planning Act , which Chitungwiza Municipality relied upon in issuing some enforcement orders, had outlived its usefulness and hence should be repealed and realigned with the Constitution.
Justice Katiyo had also declared section 32(2)(c) and (d) of the Regional, Town and Country Planning Act as well as section 37(1)(a)(i) of the Regional, Town and Country Planning Act to be ultra vires section 74 of the Constitution and therefore unconstitutional and had also declared the demolition order issued by Chitungwiza Municipality on 8 October 2020 to be invalid.
In his judgement, Justice Patel ruled that Chitungwiza Municipality had violated residents’ fundamental rights by carrying out arbitrary evictions and demolitions, which had the effect of rendering nugatory the socio-economic rights enshrined in the Constitution and also undermined the critical provisions of section 28 of the Constitution, which obligates the state to ensure access to adequate shelter.
ZLHR lauds the ConCourt’s landmark judgement as it cements the protection of homeowners especially those who have been victims of a spree of arbitrary evictions masterminded by some unprincipled local authorities. The ConCourt judgement reinforces the position that it is unconstitutional to demolish residents’ property without adhering to the due process of law and that such actions amount to wilful subversion of the rule of law.
For ZLHR, the judgement, which protects residents’ fundamental rights, is a significant victory for home and property owners, who for several years have borne the brunt of arbitrary evictions, demolitions and displacements.
The judgement reaffirms what ZLHR has previously exposed, documented extensively, condemned and campaigned against – that such illegal evictions and demolitions have repeatedly undermined the rule of law and due process. Such heartless lawlessness and “bulldozer justice” should never have been inflicted among people, in the first place.
ZLHR is encouraged that the ConCourt went a step further to put an end to the culture of impunity by laying down some enforceable guidelines and directions targeted at both local and central government to prevent arbitrary evictions and demolition of homes.
The decision of the ConCourt affirms that in balancing the exercise of local government prerogatives and the protection of citizens’ rights, the Constitution and laws remain as the court’s anchor and rudder.
ZLHR hopes that the ConCourt’s milestone judgement will put an end to the climate of impunity around the cruel and inhumane practice of punishing people by unlawfully demolishing their homes and properties and that this judgement will mark a turning point to deter the commission of human rights excesses against citizens and implementation of necessary legal reforms.
ZLHR implores local authorities and central government and all their agents, who have partaken in the unconstitutional actions to uphold the ConCourt judgement and its attendant guidelines and implement them at the earliest.
Furthermore, 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.
ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: info@zlhr.org
www.zlhr.org.zw
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