Chitungwiza Demolitions: Legally & Ethically Wrong!!! In a horrific incident which commenced at around 01:00am and ended at around 03:00am of the 26th of September 2014, houses and business premises alleged to be “illegal” were ruthlessly brought upside-down, breaking people’s furniture and even attacking people. About 50 households were rendered homeless before they could finish the night. The trauma of unexpectedly losing their homesteads, the burden of acquiring a “legal” residential stand and developing it into a decent homestead before the rains all haunt these innocent victims. It is against this background of a sombre picture that a concerned citizen would ponder as to how, under normal psychological states and in this time when Chingwizi camp is still a burdensome issue, would local authorities create yet another housing challenge. It is also sad to note that the demolitions have gone totally against what has been laid in the Strategic Planning Meeting held in Mutare on the 10th of September 2014 in which the Municipality was to include those homesteads in the formal billing system. To worsen the matter, the Municipality further presented the strategic planning document at the All Stakeholders meeting indicating no intentions to proceed with demolitions. Both the meetings were fairly attended by all stakeholders including civic representatives as well as members from the alleged illegal settlements. Whilst the houses were demolished on grounds of being illegal, some of the families have been expressing heart touching issues stating that they have been paying water bills to the council. It is also on record that this bed-time horror was implemented against the Chitungwiza Magistrate’s Court order granted on the 24th of April 2014. It is even an action ahead of the approval of the High Court after the council appealed under case number HC 5231/14 seeking an order to continue demolishing these houses. The Chitungwiza demolitions and all the circumstances surrounding it appear to Heal Zimbabwe Trust as a clear indication of how local authorities have betrayed the rights and interests of the people. It is clear that the Municipal authorities neither discharge their duties on legal basis since they defied the Magistrate’s court ruling, nor by the best interest of the stakeholders since they ignored what was clearly laid in the strategic planning document. The organization even doubts whether the process was done in a transparent manner. It is not clear why the exercise was carried out midnight and without members of the police. There was no notice prior to the exercise and there has not been negotiations whatsoever in regard to compensating the affected persons (encapsulated in the new constitution Chapter 4 Section 71 on Property Rights). Residents in Chitungwiza now live in fear as they do not really understand the basis upon which the council proceeded to demolish their houses when there is a standing High Court order barring such demolitions.
Posted on: Wed, 08 Oct 2014 08:49:20 +0000
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