by the Housing Standard Control Act 1972: Chapter 29:08, and the Urban Councils Act: Chapter 29:15/ 1997, and other bylaws 6.3.3 Enforcement Order The City of Harare issued an enforcement order on 24 May 2005 a few days after the actual demolitions of structures had started.112 The order was to become operative on 20 June 2005 113. However, the demolition of business structures continued and that of homes started, thus giving the affected people no opportunity to apply for regularisation of their developments, which amounts to a violation of the law. With the exception of Harare, where an enforcement order was issued, in the press, under the Planning Act of the intending evictions and demolitions (albeit defective), no such order was issued under the Planning Act or any other legislation in the other areas where evictions and demolitions took place. The legal basis for the action by the police in destroying settlements and livelihood is questionable. The Cities of Bulawayo, Mutare, and Victoria Falls, which are the authorities responsible for any demolitions under their jurisdiction, were not consultedwhen the demolitions and evictions started in their respective cities. 114 During discussions with the Government of Zimbabwe’s technical team, the mission requested that it be provided with evidence that notices were given outside Harare. This evidence was not forthcoming. It is important to note that in all the laws, the body authorised to order and implement demolitions is the local authority and not the central government or the police, which was the case in Operation Restore Order. 6.3.4 Service and Adequacy of Notice General practice requires notice to be served on individuals. The Planning Act does, however, make provision for notice to be served through publication in newspapers in certain circumstances115. Many people were of the view that in this instance notice should have been served on individuals. Adequacy of notice is a key principle of fairness and natural justice. Adequate notice of any action is to ensure that those who will be affected can make alternative arrangements within a reasonable time frame. The testimonies provided to the mission suggest that this did not happen in many cases. In some cases, as little as a few hours notice was given, leaving people unable to take action and resulting in the destruction of property as houses were demolished116. Some evictees had to leave their property behind because there was no room in the trucks used to transport them to transit camps.117 What was not collected was set on fire by the police in many cases. 6.3.5 Status of Evictees The mission was provided with evidence of people evicted from their premises who are in possession of valid leases issued by the then Ministry of Local Government and National Housing 112 See the Herald, 24 May 2005 and 26 May 2005 The Planning Act provides for 30 days notice. In the instance the notice was to become operative in 25 days. 114 See submission by City of Bulawayo on Operation Restore Order, 6 July 2005 115 With the exception of the Planning Act, it would appear that the other relevant laws does not provide for notice by publication 116 In some cases people were not home when their houses were demolished 117 This was witnessed by some of the Special Envoys team at Porta Farm on 29 June 3005 113 58