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OpenConstitutional Court Strikes Down By-Laws Allowing Demolitions Without Court Orders
The Constitutional Court has declared certain provisions of the Regional, Town, and Country Planning Act unconstitutional, which had been used by local authorities to justify demolitions of residents’ properties without following due process.
The ruling upheld a 2024 High Court decision in a case brought by the Chitungwiza Residents Trust (CHITREST) in 2020, challenging by-laws that allowed demolitions without a court order, in violation of constitutional requirements.
The ConCourt ruled that demolishing residents’ homes violates fundamental rights under section 74 of the Constitution, regardless of the legality of the structures involved.
CHITREST was represented by Advocate Tererai Mafukidze, instructed by Tinashe Chinopfukutwa, Kelvin Kabaya, and Paida Saurombe of Zimbabwe Lawyers for Human Rights (ZLHR).
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