Zimbabwe: Malicious Damage Property Law Looms Over House Demolitions

• Minister Garwe stated no government law authorizes house demolitions, despite ongoing property destruction in Zimbabwe.
• Over the past two months, Operation Chenesa, a joint government initiative, has dismantled more than 16,500 structures nationwide.
• Section 140 of Zimbabwe’s Criminal Law (Codification and Reform) Act criminalizes the intentional and unlawful destruction of property.
• The Minister acknowledged the existence of 5,000 demolition orders held by the Harare City Council under existing laws.
• Section 74 of the Constitution prohibits arbitrary evictions and home demolitions without proper judicial consideration.

If demolitions proceed without proper statutory or court authority, those involved could theoretically face criminal charges under this very act.

Zimbabwe has recently witnessed extensive house demolitions, leaving thousands of families without homes and facing the destruction of their life savings. These actions have unfolded over several weeks, with residential properties across Harare and other areas being flattened by bulldozers. Amidst this widespread destruction, a Cabinet Minister, Mr. Garwe, controversially asserted that no government law sanctions such demolitions, simultaneously claiming the state's role is to safeguard its citizens.

This wave of demolitions is largely attributed to "Operation Chenesa," a joint initiative launched by the central government and local authorities two months prior. Initially conceived as an urban "clean-up" targeting street vendors and informal markets, the operation rapidly expanded its scope to include residential neighborhoods. The resulting public outcry, as families watched their homes turn to rubble, prompted the central government to temporarily halt house demolitions.

The Minister's assertion that no law authorizes house demolitions directly conflicts with established Zimbabwean legal provisions. Under Section 140 of the Criminal Law (Codification and Reform) Act, the deliberate and unlawful destruction of another person's property constitutes malicious damage to property. If demolitions proceed without proper statutory or court authority, those involved could theoretically face criminal charges under this very act.

However, existing legal frameworks, such as the Regional, Town and Country Planning Act and various urban council by-laws, do empower local authorities to obtain court sanctions for the removal of structures. These orders are typically issued for buildings erected on wetlands, road servitudes, or unserviced land. When officials act under the explicit authority of such court orders, they are generally shielded from charges of malicious damage to property, even if their actions impact constitutional rights. This legal protection exists despite Section 74 of the Constitution, which explicitly prohibits arbitrary evictions and home demolitions without due judicial process. The Minister himself acknowledged the existence of these legal mechanisms, noting that the Harare City Council alone holds approximately 5,000 demolition orders.

The discrepancy between the Minister's public statements and the clear existence of laws and court orders governing demolitions points to a strategic political maneuver. His claim that the central government has no law mandating house demolitions appears to be an attempt to distance the government from the humanitarian fallout of Operation Chenesa. This narrative aims to shift blame entirely onto municipal councils, portraying them as the sole perpetrators of these destructive actions, while positioning the central government as a benevolent entity intervening to protect ordinary citizens.

This political posturing serves to protect the broader "clean-up" drive and the government's Vision 2030 modernization targets, which were jeopardized by the intense public backlash. By promising "regularization" and pausing demolitions, officials seek to mitigate anger. However, this strategy raises serious questions about accountability, particularly regarding who, if anyone, will face consequences for demolitions carried out without the necessary legal backing, as implied by the Minister's own logic.

Lawyers should advise clients on the potential for criminal charges under Section 140 of the Criminal Law (Codification and Reform) Act for executing house demolitions without proper statutory or court authority, despite government claims. They should also prepare for potential civil claims for compensation for unlawful property destruction and constitutional violations under Section 74, particularly given the conflicting statements from government officials and the ongoing Operation Chenesa.

Source: Original reporting via Tendai Ruben Mbofana