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Harare High Court

F. Mutata and Others v The Minister of Local Government, Public Works and Urban Development

HH 173-17

Case Details

Court
Harare High Court
Date
23 March 2017
Citation
HH 173-17
Neutral Citation
[2017] ZWHH 173
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Chitakunye J
Full Bench
Chitakunye JNdewere JJ
Areas of Law
Administrative LawProperty LawTenancy Law
Keywords
Legitimate expectationEvictionGovernment housingProcedural fairnessPolicy change
Tags
EvictionGovernment housingRetrenched civil servantsLegitimate expectation
legislation
Statutes Cited
  • UNKNOWN
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the doctrine of legitimate expectation applies to substantive rights such as the right to purchase government housing or be provided alternative accommodation.","issue_type":"law","dispositive":"yes","related_facts":"Government policy on disposal; verbal promise of alternative accommodation"}
  • {"issue_text":"Whether the appellants were entitled to a hearing before eviction proceedings were instituted.","issue_type":"law","dispositive":"yes","related_facts":"Meetings with Minister between 2002 and 2005"}
  • {"issue_text":"Whether long occupation of government housing due to official assurances creates a legitimate expectation of ownership or alternative housing.","issue_type":"mixed","dispositive":"yes","related_facts":"Duration of occupation; government’s conduct in registering appellants for utilities"}
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background
Facts of the Case

Background

The appellants were retrenched or retired civil servants who had occupied government houses in Harare for 10 to 19 years under lease agreements that later lapsed, making them statutory tenants. The respondent sought their eviction after policy changes halted plans to sell the houses to sitting tenants. The appellants claimed a legitimate expectation to either purchase the houses or be given alternative accommodation.
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