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Constitutional Court

Chitungwiza Residents Trust (CHITREST) v (1) Minister of Local Government Public Works and National Housing (2) Attorney General (3) Minister of Legal and Parliamentary Affairs (4) Chitungwiza Municipality

[2025] ZWCCZ 2

Case Details

Court
Constitutional Court
Date
5 February 2025
Citation
[2025] ZWCCZ 2
Judgment No.
CCZ 2-2025
Outcome
unknown
Case Type
Application

Bench

Presiding
Gwaunza DCJ
Author
Patel JCC
Full Bench
Gwaunza DCJGarwe JCCMakarau JCCGowora JCCHlatshwayo JCCPatel JCCMathonsi AJCC
Areas of Law
Constitutional lawHousing lawAdministrative law
Keywords
Section 74 ConstitutionArbitrary evictionDemolition orderRegional Town and Country Planning ActDue process
Tags
Constitutional invalidityHousing rightsLocal governmentArbitrary eviction
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Regional, Town and Country Planning Act
  • Regional, Town and Country Planning Act
  • Regional, Town and Country Planning Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether sections 32(2)(c)-(d) and 37(1)(a)(i) of Regional, Town and Country Planning Act violate section 74 of Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Provisions permit demolition without court order"}
  • {"issue_text":"Whether constitutional invalidity should be confirmed","issue_type":"procedural","dispositive":"yes","related_facts":"High Court already declared provisions unconstitutional"}
  • {"issue_text":"Whether invalidity should be suspended to allow legislative amendment","issue_type":"procedural","dispositive":"no","related_facts":"Ministry aligning Act to Constitution"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Chitungwiza Residents Trust challenged the constitutionality of provisions in the Regional, Town and Country Planning Act that allowed local authorities to demolish homes without court orders, arguing this violated section 74 of the Constitution protecting against arbitrary eviction.
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