Online Reporter
Tendai Gukutikwa
Post Reporter
THE Government will not overturn court rulings ordering the demolition of houses and other structures built on disputed land, Permanent Secretary in the Ministry of National Housing and Social Amenities, Engineer Theodius Chinyanga, has said.
He warned that calls for the Government or President Mnangagwa to intervene after courts have settled land disputes undermine the rule of law and Zimbabwe’s constitutional principle of separation of powers.
Speaking on the sidelines of the Estate Agents Council National Land Conference in Mutare last week, Engineer Chinyanga said many demolitions are not initiated by Government, but arise from legal battles between private parties over ownership and land rights.
“When houses are eventually demolished, people rush to the Minister or call upon the President to intervene. However, if the President or Government interferes with a court judgment, the rule of law disappears,” he said.
Engineer Chinyanga emphasised that while citizens are free to enter into private agreements and property transactions, such contracts remain subject to the law and can be invalidated by the courts if they violate legal provisions or public policy.
“People are free to enter into contracts, and Government does not interfere with private transactions. However, where a dispute arises and the matter is taken to court, the rule of law requires that the court ruling be respected,” he said.
He explained that where a contract is declared invalid, any structures erected as a result of that agreement may also be deemed unlawful and ordered to be demolished.
“Where a contract is declared invalid or against public policy, the consequences can include the removal of structures built pursuant to that transaction,” he said.
Engineer Chinyanga stressed that court processes operate independently of the Executive and cannot be reversed through political intervention once judgment has been delivered.
“We have a clear separation of powers between the Executive, Legislature and Judiciary. Court processes are not driven by Central Government, and in many cases, they can take years before a final determination is made,” he said.
Engineer Chinyanga said lengthy court proceedings often result in developers continuing to pour money into disputed properties while waiting for a final ruling.
He said a common scenario involves developers commencing construction on land whose ownership is contested or allegedly acquired unlawfully. In such instances, local authorities or affected landowners typically seek court interdicts to stop further development.
Despite this, some developers continue building, often relying on hearsay rather than verifying the status of ongoing court proceedings.
“People sometimes continue building because they rely on hearsay instead of checking what the court has actually ordered. Years later, when the court makes a final determination, they are shocked when the structures are ordered to be demolished,” he said.
Engineer Chinyanga said many buyers and developers place greater trust in sellers or land occupants than in official records held by relevant authorities, exposing themselves to significant financial losses.
“Sometimes our people do not trust Government institutions when it comes to information. They will believe the person selling or occupying a piece of land rather than verifying the information with the relevant Government institution,” he said.
He urged prospective buyers and investors to conduct thorough due diligence before committing funds to property developments.
“If people want Government’s involvement in these disputes, they should cite Government as a party. That gives us an opportunity to make our position known before people invest their money,” he said.
Engineer Chinyanga added that involving the State in litigation from the outset will enable Government to clarify its position before developers commit substantial resources to potentially disputed projects.
The warning comes amid increasing concerns over demolitions and land disputes involving residential developments undertaken without proper verification of ownership, planning approvals or legal status.
He also challenged property professionals, developers and estate agents to play a greater role in safeguarding buyers by conducting comprehensive due diligence before facilitating land transactions.
Engineer Chinyanga urged all parties involved in property deals to verify ownership, establish whether there are pending disputes and check for any court orders or restrictions affecting the land.
He said greater reliance on official records and stronger verification processes would help prevent costly investments in properties with uncertain legal standing and reduce the number of demolitions arising from land disputes.
