154 | Zimbabwe Rule of Law Journal family, household or community housing needs. Its obligations by any other individual or non-state actors like landlords, property developers, and landowners, and where such infringements occur, it should act to preclude further deprivations as well as guaranteeing access to protect obliges it to prevent the violation of any individual’s right to housing legal remedies. The right to shelter even goes further than a roof over one’s head. It extends to embody the individual’s right to be left alone and to live in peace whether under a roof or not .....” It is clear that in the context of the demolitions, the State has a duty, at a minimum, not to destroy the houses of its citizens whether legal or “illegal” (my emphasis).This duty therefore imposes a duty on the State and its institutions including local authorities not to destroy and demolish people’s homes without following due process. This principle is in fact in tandem with s 44 which obliges the State, every person, state agencies and institutions to respect, protect, promote and fulfill the rights and freedoms set out in the Bill of Rights.34 Through engaging in unlawful demolitions, local authorities have breached the duty imposed on them by the Constitution to respect fundamental freedoms and rights. Accordingly also, by tolerating and even sanctioning the unlawful conduct of the local authorities, the State has breached its obligations in terms of the ACHPR. Conclusion In summation, it is apposite to borrow the words of Justice Mathonsi in the case of Peter Makani v Epworth Local Board in which the learned judge observed that; “There can be no doubt whatsoever in the minds of all well-informed persons that this country currently faces extremely serious problems relating to poverty, unemployment and more importantly housing... local authorities are now waking up and, by force and power, demolishing the structures Section 44 of the Constitution reads as follows “The State and every person, including juristic persons, and every institution and agency of government at every level must respect, protect, promote and fulfill the rights and freedoms set out in this Chapter.” See also national objective of fostering fundamental rights and freedoms in Section 11 of the Constitution. It reads as follows “The State must take all practical measures to protect the fundamental rights and freedoms enshrined in Chapter 4 and to promote their full realization.” 34