CHRA
POSITION ON THE THREATS TO PROPERTY BY THE REGIME
The
state has been occupied by a ruthless clique through electoral fraud, subversion
of the constitution and the use of violence. The regime viciously denigrates
your property rights. The City of Harare is run by an illegitimate Commission
that has no mandate from the residents. CHRA filed an urgent chamber application
before the High Court on 10 June 2005; up to now, no redress has been provided.
Within this context, we offer residents the following advice:
- The
Municipality should have plans for property structures and it is their duty, and
not that of the property owner, to prove the illegality of a property
structure.
- No law
requires you to possess plans, or produce them to any one.
- If the
Municipality decides that any structure is illegal, it must provide written
notice addressed to the owner (not newspaper publications) to desist from the
illegal activities and specifying the illegality, the action it proposes to take
and the relevant legislation under which such action will be effected, as well
as avenues open to the affected person to seek relief or challenge the
notice.
- When a
property owner is served with notice, within 28 days after the date of service
of the notice, one can appeal to the Administrative Court for
relief.
- The
Municipality thereafter shall take no action until the Administrative Court has
determined the appeal or the appeal has been withdrawn or
abandoned.
- Thereafter
the ruling of the Administrative Court shall prevail unless either party is
granted leave to appeal to a Higher Court.
- Failing
observation of the above procedures by the Municipality, we suggest that
property owners do nothing and await the arrival of building inspectors. Domestic workers should be informed of this
position also.
- If the
building inspectors demand to inspect your property, do not give them access
until they provide positive identification, which we urge you to record; and
preferably in the presence of a witness.
- Breaking
and entering without a search warrant or proof of identification and
authorisation is a crime that should be reported to the Police and if necessary
a lawyer.
- In the
event of the property owner being clearly in contravention of by- laws or any
other legislation, we suggest that you take steps to correct the illegality by
removing the building, ceasing the operation or applying for
regularization.
NB: THIS IS
GENERAL ADVICE PROVIDED IN THE PUBLIC INTEREST AND WITHOUT PREJUDICE BY CHRA. IT SHOULD NOT BE CONSIDERED LEGAL
ADVICE. FOR SUCH SPECIFIC ADVICE,
RESIDENTS SHOULD CONTACT A REGISTERED LEGAL
PRACTITIONER.