High Court judge, Never Katiyo said a key provision of the
Regional, Town and Country Planning Act was archaic and unconstitutional.
According to the Herald, the judge criticised the local
authorities for relying on these outdated provisions to justify the demolition
of homes and the displacement of residents.
Justice Katiyo emphasised the importance of due process and
procedural safeguards in eviction cases. He ruled that local authorities must
follow the proper legal procedures, including obtaining court orders before
demolishing properties.
The court also highlighted the need for local authorities
to be more proactive in preventing illegal construction, rather than resorting
to demolition as a last resort.
In response to the court’s ruling, the Government has been
given 12 months to amend the legislation to bring it into compliance with the
Constitution.
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