Zimbabwe Rule of Law Journal |145 It is submitted that from the foregoing authorities the national objectives, in particular s 28, provide the textual background against which the content and scope of the right of freedom from arbitrary evictions and demolitions is to be understood.15 It is submitted that the expressly stated right from arbitrary eviction should be constructed in conjunction with the constitutional values and objectives in order to give fuller effect to other missing rights. In this spectrum, it is submitted that the national objective to housing enshrined in s 28 implies that the right to freedom from arbitrary eviction should be interpreted broadly and thus greatly restrict demolitions of people’s homes in order to give effect to the national objective to adequate housing. Furthermore, s 68 of the Constitution provides for the right of every person to administrative justice through judicial conduct that is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair. It is apparent from the above section that a number of duties are imposed upon the administrative authorities who are obligated constitutionally to perform for their conduct to pass the muster of s 68.16 Further s 3 of the Administrative Justice Act imposes the same obligations on administrative bodies.17 Each of these duties shall be considered below in turn See Keshavananda Bharati v. State of Kerala (1973) 4 SCC 225 para. 1714, p. 881 See also the preamble to the Adminstrative Justice Act 17 An administrative authority which has the responsibility or power to take any administrative action which may affect the rights, interests or legitimate expectations of any person shall— (a) act lawfully, reasonably and in a fair manner; and (b) act within the relevant period specified by law or, if there is no such specified period, within a reasonable period after being requested to take the action by the person concerned; and (c) where it has taken the action, supply written reasons therefore within the relevant period specified by law or, if there is no such specified period, within a reasonable period after being requested to supply reasons by the person concerned 2) In order for an administrative action to be taken in a fair manner as required by paragraph (a) of subsection (1), an administrative authority shall give a person referred to in subsection (1)— (a) adequate notice of the nature and purpose of the proposed action; and (b) a reasonable opportunity to make adequate representations; and (c) adequate notice of any right of review or appeal where applicable. (3) An administrative authority may depart from any of the requirements referred to in subsection (1) or (2) if— (a) the enactment under which the decision is made expressly provides for any of the matters referred to in those subsections so as to vary or exclude any of their requirements; or (b) the departure is, under the circumstances, reasonable and justifiable, in which case the administrative authority shall take into account all relevant matters, including (i) the objects of the applicable enactment or rule of common law; (ii) the likely effect of its action; (iii) the urgency of the matter or the urgency of acting thereon: (iv) the need to promote efficient administration and good governance; (v) the need to promote the public interest 15 16