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CHRA
position on the threats to property by the regime
Combined
Harare Residents Association (CHRA)
August 10, 2005
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the appeal or the appeal has been withdrawn or abandoned.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.
Visit
the CHRA fact sheet
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