Repel unconstitutional by-laws: Chitown residents
By JENNEPHER MUTUKWA
CHITUNGWIZA residents have approached the High Court challenging sections of the Regional, Town and Country Planning Act that allow demolitions of houses without a court order because they infringed residents fundamental rights.
The Zimbabwe Lawyers for Human Rights is representing Chitungwiza Residents Trust (Chitrest) in the matter.
ZHLR lawyers Paidamoyo Saurombe and Tinashe Chinopfukutwa in their application stated that their clients want section 32 and 37 of the Regional Town and Country Planning Act declared as unconstitutional.
If granted by the courts, the application has the effect of nullifying a demolition order issued by Chitungwiza Municipality on October 8 for the demolition of houses in Zengeza, Seke, and Nyatsime on the basis that they were built without council approval.
Chitrest argued that the provisions in dispute barred the residents from seeking relief in the courts to assess the circumstances of each intended demolition or eviction.