EvictionInterim InterdictConstitutional RightsUrban Land
legislation
Statutes Cited
Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the requirements for an interim interdict have been satisfied","issue_type":"procedural","dispositive":"yes","related_facts":"Long-standing occupation since 2015, pending regularisation application, threat of eviction without court order"}
{"issue_text":"Whether clause 18(2) of the Urban Councils By-Laws is consistent with section 74 of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"By-law permits eviction without court order, Constitution requires court order for eviction"}
{"issue_text":"Whether eviction without court order violates constitutional protection against arbitrary eviction","issue_type":"constitutional","dispositive":"no","related_facts":"Section 74 Constitution prohibits eviction without court order"}
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background
Facts of the Case
Background
The applicant, a housing consortium occupying Glen Eagles Farm (Budiriro 5) since 2015, sought an interim interdict to prevent the City of Harare from evicting its members and demolishing their structures without a court order. The respondent had issued a 48-hour notice under clause 18(2) of the Urban Councils By-Laws requiring vacation and demolition of structures.
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