witnessed during the investigations. This is despite the fact there are a series of
court orders ordering the respondents to desist from evicting the complainants
without a court order or alternatively to issue the complainants with suitable
alternative land for them to occupy.
6.2
Right to Administrative Justice
The right to administrative justice as spelt out by Section 68(1) of the Constitution
prescribes that every person has a right to administrative conduct that is lawful,
prompt, efficient, reasonable, proportionate, impartial and both substantively and
procedurally fair.
6.2.1 The investigation done by the ZHRC reveals that the complainants’ right to
administrative justice was violated. The conduct of the ZRP and Ministry of Lands
officials was unlawful and un-procedural given that there were several High Court
orders interdicting the eviction let alone the demolition of the complainants’ homes.
The ZRP also used excessive force which resulted in the assault of anyone who
wanted to defend their homes from destruction. The findings also reveal that the
police just descended on people’s houses demolishing them and setting them on
fire thereby destroying people’s livelihoods without giving any notice. They also did
not have any court order to authorise the eviction of the people. In fact they were
in complete defiance of court orders interdicting them from doing so. They did not
take into consideration that everyone has a right to administrative justice.
6.2.2 In the High Court case of DUSABE vs HARARE CITY COUNCIL HH/114/16 at
pages 1 and 2 it was held that, “every citizen of this country has the right to
administrative justice which is enshrined in s 68 of the Constitution. This means
that administrative conduct must be lawful, prompt, efficient, reasonable,
proportionate, impartial and both substantively and procedurally fair. It is a
disgrace for two government departments to admit that houses which had been
built without the requisite planning authority were demolished and razed to the
ground without a court order, without notice in writing being given to all those likely
to be affected. The process was not procedurally fair. What is shocking and of
great concern is the apparent misapprehension by these government
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