Court stops Epworth demolitions
THOUSANDS of residents in Epworth’s Wards 6 and 7 have been saved from demolition of their houses after the High Court prohibited the local authority from destroying properties in the settlement.
The two wards are found in the Overspill part of Epworth.
The High Court on Thursday granted the interdict following a successful urgent chamber application by Harare lawyers Mr Tariro Machiridza and Mr Neville Kambarami of Machiridza Commercial Chambers.
The residents have been living in fear after the local authority embarked on its regularisation exercise that saw some houses on the demolition list, while others saw their stand sizes being reduced to accommodate more residents.
Epworth Local Board fired demolition warning shots, a development that resulted in the residents engaging the lawyers.
Justice Mary Zimba-Dube stopped the demolitions pending determination of a pending court challenge.
“It is hereby ordered that the respondents be and are hereby prohibited from demolishing homes and allocating stands to new settlers in Ward 6 and 7 of Epworth pending determination of case HC7827/17,” reads the order.
The residents argued that their rights and freedoms were likely to be violated if the court failed to intervene.
“The rights and freedoms include the freedom from arbitrary eviction, right to human dignity, freedom from inhuman and degrading treatment and the right to privacy,” reads the application.
“The rights and freedoms are deep, as set out in sections 74, 51, 53 and 57 of the Constitution of Zimbabwe.”
The residents have since filed an appli- cation seeking leave to institute class action proceedings in respect of the affected thousands of Epworth settlers.
While the application was still pending at the High Court, council sent two officers who moved door to door announcing the news of the demolition of all properties believed to be illegal in terms of the council’s plan.
Council told the residents that it intended to construct proper roads in the area and a number of families’ homes were located on roads and other areas reserved for schools and other activities.
The residents argued that council’s decision was unlawful and should be set aside because it did not have a court order empowering it to demolish the homes or evict the residents. Council and Minister of Local Government, Public Works and National Housing Saviour Kasukuwere were cited as respondents in the High Court application.