On Wednesday 8 February 2023, High Court Judge Justice Never Katiyo
presided over the hearing of the constitutional challenge in which
Chitungwiza Residents Trust (CHITREST) is seeking to invalidate some
offensive provisions of the Regional, Town and Country Planning Act
and declare them as unconstitutional.
CHITREST’s application follows a demolition order issued by
Chitungwiza Municipality in the state-run Herald newspaper on 8
October 2020, wherein the local authority indicated that some
residents with houses situated in specific areas of St Mary’s,
Zengeza, Seke and Nyatsime suburbs in Chitungwiza had to demolish
their houses for the reason that the stands on which the houses were
built on and the houses, were constructed without the local
authority’s approval.
In issuing the demolition order, Chitungwiza Municipality said it was
acting in terms of provisions of section 32 and 37 of the Regional,
Town and Country Planning Act.
Now, on behalf of CHITREST, Tinashe Chinopfukutwa and Paidamoyo
Saurombe of Zimbabwe Lawyers for Human Rights, want the High Court to
issue an order impugning 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.
Chinopfukutwa and Saurombe argued that the Constitution is the supreme
law of the land and any law which is inconsistent with it is invalid
to the extent of the inconsistency hence section 32(2)(c) and (d) and
section 37(1)(a)(i) of the Regional, Town and Country Planning Act,
are inconsistent with the provisions of section 74 of the
Constitution.
The human rights lawyers want the High Court to issue an order
declaring the said offending provisions constitutionally invalid
because section 32(2)(c) and (d) as well as section 37(1)(a)(i) of the
Regional, Town and Country Planning Act, infringe section 74 of the
Constitution, which confers a right on people against arbitrary
eviction from their homes.
They also want the demolition order issued by Chitungwiza Municipality
on 8 October 2020 to be declared as invalid.
Apart from Chitungwiza Municipality, CHITREST also cited Local
Government and Public Works Minister Hon. July Moyo, Justice, Legal
and Parliamentary Affairs Minister Hon. Ziyambi Ziyambi and
Attorney-General Advocate Prince Machaya, as respondents in their
application.
On Wednesday 8 February 2023, Justice Katiyo removed the matter from
the court roll and indicated that it would be reinstated once lawyers
furnish the court with a register of CHITREST members.