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Ivan Zhakata
Herald Correspondent
The High Court has delivered a significant blow to local authorities across the country, declaring a key provision of the Regional, Town and Country Planning Act unconstitutional.
The court ruled that the law, which has been used to justify the demolition of residential properties without due process, is archaic and no longer compatible with the country’s Constitution.
In a written judgment handed down on October 16, 2024, Justice Never Katiyo found that Sections 32(2)(c) and (d), as well as Section 37(1)(a)(i), of the Act infringe upon the right to freedom from arbitrary eviction guaranteed by the Constitution.
The judge criticised the local authorities for relying on these outdated provisions to justify the demolition of homes and the displacement of residents.
Justice Katiyo emphasised the importance of due process and procedural safeguards in eviction cases.
He ruled that local authorities must follow the proper legal procedures, including obtaining court orders before demolishing properties.
The court also highlighted the need for local authorities to be more proactive in preventing illegal construction, rather than resorting to demolition as a last resort.
In response to the court’s ruling, the Government has been given 12 months to amend the legislation to bring it into compliance with the Constitution.
The High Court’s decision is a major victory for residents who have been affected by unlawful demolitions.
It is expected to have a significant impact on the way local authorities handle land disputes and enforce planning regulations in the future.
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