Govt should adhere to rule of law in demolitions

THE Combined Harare Residents Association (CHRA) calls upon the government and local authorities to follow the law and desist from acting as both referee and player when effecting demolitions as this fuels corruption, maladministration and weakens accountability.

The demolitions that were carried out in Mbare last weekend clearly show that there is no will to follow the law and the Constitution by both central government and the City of Harare. Despite the standing court order obtained by Chitrest on behalf of Chitungwiza and Harare residents, government and Harare City Council went on to demolish informal sector structures in Mbare.

We assert that any demolition that has the potential to violate human rights should be accompanied by a court order as provided for in the Constitution.

The current mess affecting the planning of the city, which has seen sprouting of “illegal” car sales, tuckshops, houses on wetlands was caused by corrupt elements in government, local authorities and political parties hence demolishing these structures without court orders will protect and benefit these elements while impoverishing the victims.

Section 162 of the Constitution vests judicial authority in the courts and the role of the courts is paramount in safeguarding human rights and freedoms and the rule of law.

The doctrine of separation of powers is very clear that the courts interpret the law and determine what the law is and we do not expect central government and its lower tiers to usurp the mandate of the courts.

Experiences from the past have shown that demolitions without court orders cover tracks of abuse of power, corruption and maladministration that have been contributing to the sprouting of “illegal” structures.

We further amplify the words of Justice Chinembiri Bhunu that “those in the corridors of power must not abuse their authority by usurping the functions of the courts to the detriment of innocent members of society.”

Constitutional adherence and compliance is fundamental for our local government system to promote local economic development.

We call upon the depoliticisation of the informal and housing sectors as this has created a high level of lawlessness and corruption in these key sectors.

CHRA