150 | Zimbabwe Rule of Law Journal
within the scope of s 68 and thus has to observe the principles of natural justice whether or not the
administrative authority deems that there is no legitimate expectation. In other words, the application
of the principles of natural justice no longer flows from the existence of a legitimate expectation to
be heard but arises as a matter of law from the constitution itself. Viewed along these lines, it is all
the more apparent that the failure by the local authorities to hear the representations of residents
who were to be affected by the demolitions is in clear breach of the principles of natural justice and
consequently their right to administrative justice as enshrined in terms of the Constitution.
In light of the foregoing, it is submitted that the ongoing house demolition exercise in its present
format falls foul of s 68 of the Constitution and s 74 of the Constitution. It is in breach of the affected
resident’s fundamental rights and freedoms as set out in the abovementioned constitutional provisions.
The Demolitions vis a vis International Human Rights Law
“Public international law would include non-binding as well as binding law. They may both be used
under the section as tools of interpretation. International agreements and customary international law
accordingly provide a framework within which [the Bill of Rights] can be evaluated and understood”
Chaskalson27
Section 46 provides an interpretive guide on the fundamental rights and freedoms enshrined and
entrenched in terms of the Constitution. In particular, S46 (1)(c) provides that when interpreting
the Bill of Rights a Court , tribunal, forum or body must take into account international law and all
treaties and conventions to which Zimbabwe is a party. This only serves to fortify the position that
any investigation into a potential or alleged breach of the Bill of Rights will be incomplete without the
guidance of international law norms.
In this section, the on-going house demolitions vis-a vis the international human rights law standards
are examined. The scope of investigation shall, however, be confined to treaties and conventions to
27
In S v Makwanyane 1995 (3) SA 391 (CC) para 35
Select target paragraph3
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