142 | Zimbabwe Rule of Law Journal be met through a court order sanctioning the demolition7 before a person’s home is demolished as was confirmed in the case of Mavis Marange v Chitungwiza Municipality and Glory to Glory Housing Co-operative,8 a judgment handed down by the Chitungwiza Magistrates Court. Therefore, where homes are demolished without a court order the demolitions will be a direct breach of s 74 and any law that authorises the demolition of houses without a court order contravenes s 74. In this respect, it is common cause that where local authorities have carried out demolitions without court orders, and the municipal bye-laws under which the demolitions are taking place and make no provision for the obtaining of a court order as a pre-requisite, are in direct breach of s 74. However, s 74 does not define what exactly the term ‘home’ entails and no judicial interpretation of the provision by the Zimbabwean Courts has been made. The South African Constitution in s 26(3) frames and creates a similar right to the one provided in terms of s 74. In interpreting this section in Despatch Municipality v Sunridge Estate and Development Corporation,9 the South African South East High Court Division held that the term ‘home’ relates to a dwelling that an occupant will be living in or intends to live in either in the short or long term. The Court also extended the term to cover shacks or informal settlements to fall within the purview of structures that may be described as homes.10 In this vein it is submitted that the so called ‘illegal’ structures demolished or targeted for demolition fall within the purview of ‘homes’ as envisaged by s 74 of the Constitution and are therefore protected from arbitrary demolition. It is further submitted that in terms of s 74 it is immaterial whether or not the dwelling being used for residential purposes is legal or whether its construction was and is sanctioned by the local authorities. It is this writer’s view that, once the criteria set out in Despatch Municipality v Sunridge Estate and Development Corporation is met, then the dwelling or structure qualifies as a home and therefore qualifies for protection in terms of s 74. Justice Mavedzenge and Douglas J.Coltrat, A Constitutional Law Guide Towards Understanding Zimbabwe’s Fundamental Socio-Economic and Cultural Human Rights ,2014 , page 101 8 Case No 106/2014 9 1997(4) SA 596 (SE) 10 See also J. Mavedzenge and D.J Coltrat, op cit note 7 at p 103 7