The resolution came after Paidamoyo Saurombe and Tinashe
Chinopfukutwa of the Zimbabwe Lawyers for Human Rights (ZLHR), representing the
affected residents, wrote to the local authority demanding to be furnished with
a court order for the demolitions, which they contended were unconstitutional.
The national charter prohibits the demolition of houses
without providing the affected with alternative accommodation.
"May we kindly remind you that section 74 of the
Constitution provides that no person may be evicted from their home, or have
their home demolished without a court order. After considering all the relevant
circumstances, your purported order is not in terms of the Constitution and is
a violation of a basic right of the Constitution," the lawyers wrote.
"We kindly ask you to furnish us with an order of
court that has given you the permission to evict and demolish houses in the
areas you mentioned in your public notice. Failure to furnish us with a court
order by Monday October 12, 2020 will leave us with no option, but to pursue
legal remedies without any further notification to yourselves."
The Chitungwiza Municipality chamber secretary one Mvere
responded that the demolitions were put on hold after a special full council
meeting was convened.
"Reference is made to the above subject matter in
which you represented Chitungwiza Residents Association as per your letter
dated October 10, 2020. Please be advised the council, in its special full
council meeting, resolved to put the demolition exercise in abeyance, hence the
demolitions will no longer be effected as per the cited order," Mvere
said.
The council, in its public notice, had said the structures
that would be demolished were houses built on wetlands, sewer lines, under
electricity power lines and on road and railway servitudes.
Most homeseekers bought land from land barons and were
assured by the criminals that the required authority for building had been
obtained.
The houses, which were supposed to be demolished in St
Mary's, are those built on Macheke Square, a school site, behind St Mary's
Police Station, behind Zengeza Main Primary School, near pump station number 3,
St Mary's Council Creche, St Mary's Primary School site, wetland adjacent to
and behind St Mary's cemetery, the site from Seke Road Bridge along Manyame
River, St Mary's Administration Offices entrance and Chaminuka Main Road.
In Zengeza, the houses were built in Zengeza 5 along
Chitungwiza Road, Zengeza 5 wetland on Rockview Extension, Zengeza 4 Pagomba
wetland along the stream and a wetland under high voltage Zesa power lines
opposite Girl Child Network, Zengeza 3 Cone Textile opposite Delta and Zengeza
4 wetland, known as PaChief.
In Seke, the structures were built on Unit J wetland, Unit
K Key College and at Chirunga Shopping Centre, Along Mharapara Road, Unit A
wetland from Chibuku to Tafa Shops and adjacent to Chibuku Stadium, Unit G Road
buffer along Harare-Dema Road servitude, Unit O along Duri River, Unit NOP
extension, Unit P wetland, wetland between Unit Ns and F, areas between
Garikai/ Hlalani Kuhle and Unit L extension, wetland adjacent to Unit L
cemetery and Zanoremba. Newsday
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