Government and local authorities have been barred from resorting to self help and demolishing residents' properties without obtaining a court order.
Granting an urgent application by Arlington Estate residents, High Court judge Justice Priscilla Chigumba said even if the structures are illegal in terms of council regulations, due process of the law must be followed.
The judge blasted Harare City Council and the Minister of Local Government, Public Works and National Housing Saviour Kasukuwere for taking the law into their own hands for demolishing the structures in violation of the people's right to administrative justice as enshrined under Section 68 of the Constitution.
Justice Chigumba said although demolitions had already been done, the affected residents could sue the negligent Government departments who left them building on land which was not meant for residential purposes.
The judge also advised the residents to sue Nyikavanhu Housing Cooperative for damages. Justice Chigumba slapped Harare City Council, Minister Kasukuwere (in official capacity) with costs on a higher scale.
- Herald
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