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Supreme Court
City of Harare v Tawanda Mukungurutse & 3 Ors
[2018] ZWSC 46
Case Details
Court
Supreme Court
Date
26 July 2018
Citation
[2018] ZWSC 46
Judgment No.
SC 46/18
Outcome
unknown
Case Type
Appeal
Bench
Presiding
ZIYAMBI AJA
Full Bench
GARWE JAGUVAVA JAZIYAMBI AJA
Areas of Law
Constitutional LawAdministrative LawHuman Rights
Keywords
Arbitrary evictionCourt order requirementConstitutional supremacyInvalidity of legislation
Tags
Constitutional invalidityDemolition of homesSection 74 ConstitutionRule of law
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"At what stage does invalidity of existing legislation inconsistent with Constitution occur?","issue_type":"constitutional","dispositive":"yes","related_facts":"City's reliance on SI 109 of 1979"}
- {"issue_text":"Whether structures built on illegally allocated land constitute \"homes\" under section 74","issue_type":"constitutional","dispositive":"no","related_facts":"Respondents lived in structures with families"}
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background
Facts of the Case
Background
The City of Harare sought to demolish houses built by respondents in Budiriro 4. The respondents obtained a High Court order barring demolition without court order. The City appealed, arguing legislation allowed demolition without court order, while respondents relied on constitutional protection against arbitrary eviction.
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