COMALISO: Demands Halt to Harare Property Demolitions

• COMALISO has demanded an immediate halt to property demolitions in Zimbabwe, particularly those initiated by the Harare City Council.
• The organization argues that current demolitions violate constitutional rights to shelter and protection against arbitrary evictions.
• COMALISO proposes a multi-stakeholder "Secure Shelter Team" and a "shelter rights safety net" to provide alternative accommodation, notice, and compensation.
• A moratorium on demolitions is sought until these safeguards are in place, alongside systematic property regularisation and title deed issuance.
• The call emphasizes due diligence, accountability, and the non-negotiable right to secure property ownership for all Zimbabweans.

Dignified, secure, and unbreachable property ownership is now non-negotiable, according to the coalition.

The Coalition for Market and Liberal Solutions (COMALISO) has issued an urgent appeal for an immediate cessation of property demolitions across Zimbabwe, specifically addressing the recent actions by the Harare City Council. This demand follows the council's release of a schedule over a week ago, which led to the commencement of demolitions earlier this week, primarily targeting residential structures deemed “illegal.” COMALISO's call emphasizes the critical need for due diligence, accountability, and the establishment of a robust "shelter rights safety net" to safeguard vulnerable families facing displacement.

The organization’s stance is nuanced: while it supports necessary action against illegal land allocations orchestrated by rogue individuals, it vehemently condemns the devastating impact these ongoing demolitions have on innocent citizens. The scale and rapid pace of these recent exercises have reportedly left affected communities in a state of shock and despair. Many families facing the loss of their homes claim to have acquired their properties through formal or otherwise recognized channels, adding to the anger and frustration surrounding the demolitions.

COMALISO asserts that the current wave of demolitions constitutes a violation of fundamental constitutional rights. Specifically, the coalition points to Section 74 of the Zimbabwe Constitution, which explicitly prohibits arbitrary evictions and home demolitions, and Section 28, which recognizes the inherent right to adequate shelter. These constitutional provisions, according to COMALISO, are designed to protect citizens, not to shield those involved in illicit land dealings.

The organization highlights that while the State bears the responsibility to enforce lawful land use and building regulations, any demolition exercise must be preceded by strict adherence to due diligence, transparency, and accountability. The rights of citizens to secure shelter, dignity, and procedural fairness are constitutionally enshrined and must be upheld without bias. COMALISO also expressed concern that certain "land barons and rogue property developers" appear to be immune from the consequences, seemingly enjoying the proceeds of their ill-gotten gains while ordinary citizens suffer.

To address the immediate crisis and prevent future recurrences, COMALISO has proposed a comprehensive set of solutions. Central to its recommendations is the establishment of a multi-stakeholder "Secure Shelter Team." This team would comprise representatives from government departments, local authorities, the legal sector, human rights organizations, and residents' associations. Its primary mandate would be to verify the legality of targeted demolitions and to assess the extent of shelter and property rights violations already suffered by individuals, including instances of displacement.

Furthermore, COMALISO is advocating for a moratorium on all further demolitions until an operational "shelter rights safety net" is fully implemented. This proposed safety net is envisioned to guarantee several crucial provisions for displaced families, including alternative accommodation, adequate notice prior to any action, fair compensation where applicable, and essential psychosocial support. The coalition also reiterated its long-standing call for systematic regularisation and the issuance of title deeds across urban, rural, and farming areas, a measure intended to prevent fraudulent property acquisition and provide robust protection for legitimate property owners, thereby strengthening Zimbabwe property rights demolitions.

The broader implications of these demolitions extend to the most vulnerable segments of society. COMALISO has voiced particular concern over the absence of adequate safeguards for children, the elderly, persons with disabilities, and other vulnerable groups disproportionately affected by the loss of their homes. The organization stresses that the current approach to dealing with Harare City Council illegal structures fails to consider the human cost.

This development signals potential legal challenges and increased scrutiny of property demolition exercises by Zimbabwean local authorities, particularly Harare City Council. Lawyers should advise clients on the constitutional protections against arbitrary evictions (Sections 28, 74) and the need for strict due diligence and procedural fairness before any demolition, anticipating potential litigation or demands for a moratorium. COMALISO's firm stance underscores a fundamental principle: "Every Zimbabwean life matters. Dignified, secure, and unbreachable property ownership is now non-negotiable," a sentiment that aims to reshape the landscape of Zimbabwe administrative law demolitions and ensure greater protection for citizens.

This development signals potential legal challenges and increased scrutiny of property demolition exercises by Zimbabwean local authorities, particularly Harare City Council. Lawyers should advise clients on the constitutional protections against arbitrary evictions (Sections 28, 74) and the need for strict due diligence and procedural fairness before any demolition, anticipating potential litigation or demands for a moratorium.

Source: Original reporting via New Zimbabwe