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Court Reporters
Chitungwiza residents have filed an urgent chamber application at the High Court seeking to stop the demolition of houses and business structures in the town by council officials in the absence of a court order. In an application by Chitungwiza Residents’ Trust led by politician Mr Marvelous Khumalo, it is argued that council’s actions were unlawful and that the court must stop the local authority from continuing with the demolitions and evictions.

The demolitions, that started last Friday, were reportedly done without notice to the affected residents.
Harare lawyer Mr Kudzayi Kadzere of Kadzere, Hungwe and Mandevere is representing the residents.

According to a founding affidavit by CRT programmes director Mr Khumalo, the front-end loaders started destroying the properties in the early hours of Friday when some of the residents were in deep slumber.
Mr Khumalo contends that the actions by the local authority were unlawful.

“I verily believe that the actions of the respondent were outside the perimeters of the law.
“Respondent never produced a court order authorising the demolitions neither did it give notice to the residents,” read part of the affidavit.
Mr Khumalo stated that council’s action was callous and calculated at embarrassing the residents.

The demolitions, the residents argued, were effected in the face of a court order by magistrate Marehwanazvo Gofa stopping such actions.
Meanwhile, Epworth residents have taken Government and the local authority to the High Court to stop demolitions of their dwellings, arguing the move was illegal and unconstitutional without a court order.

In an urgent application filed on Monday at the High Court, the affected residents of Stoob area, Epworth, want the demolitions stopped pending the outcome of the constitutional application challenging the demolitions.

The residents, who are being represented by Mr Tonderai Bhatasara of Mupanga Bhatasara Attorneys, cited Epworth Local Board, the ministries of Local Government, Public Works and National Housing, Home Affairs and the Attorney-General’s Office as respondents.

The affected residents also argue that the respondents have violated their civil rights enshrined in the Constitution, particularly the provisions that deal with the right to shelter.
The demolitions were carried out on September 18 and on Friday and Saturday and were expected to continue yesterday.

“The actions of the respondents has already resulted in lawlessness in that other criminal elements are taking advantage of the chaos to steal property belonging to applicants,” read part of the application.