HOUSE DEMOLITIONS IN ZIMBABWE: A CONSTITUTIONAL AND HUMAN
RIGHTS PERSPECTIVE
Tinashe Stephen Chinopfukutwa1
‘We live in a society in which there are great disparities in wealth. Millions of people are living in
deplorable conditions and in great poverty. There is a high level of unemployment, inadequate social
security, and many do not have access to clean water or to adequate health services. These conditions
already existed when the Constitution was adopted and a commitment to address them, and to
transform our society into one in which there will be human dignity, freedom and equality, lies at the
heart of our new constitutional order. For as long as these conditions continue to exist that aspiration
will have a hollow ring.’2
Abstract
Since 2015 local authorities, particularly in Harare and Chitungwiza have embarked on a spree of house
demolitions. The local authorities have contended that the demolished houses were built “illegally”
either on land that was reserved for other purposes or without the necessary procedures having been
adopted. The Constitution of Zimbabwe3 has a number of provisions against arbitrary eviction, and
provision of adequate shelter as well as the standards against which administrative decisions and
conduct is to be measured. The following paper will therefore investigate if the ongoing demolitions
pass the human rights standards imposed by the Constitution of Zimbabwe as well as international
human rights law.
Introduction
It is trite that the Constitution is the supreme law of the land4 and any law, practice, custom or conduct
Part IV law student at the University of Zimbabwe with special interest in Constitutional Law, Human Rights law, International
Law and Labour Law
2
Chaskalson P F in Soobramoney v Minister of Health KwaZulu-Natal 1998(1) SA 765 (CC) at 24H.
3
Amendment No.20 of 2013
4
Section 2 of the Constitution of Zimbabwe
1
Select target paragraph3
Add to table of contents