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High Court Stops Confiscation And Urbanisation Of Villagers' Communal Land

High Court Stops Confiscation And Urbanisation Of Villagers' Communal Land

The High Court on 26 September 2022 stopped Chipinge Rural District Council (CRDC) from confiscating and urbanising communal land belonging to some Chipinge villagers.

The villagers who were being represented by Zimbabwe Human Rights Lawyers’ Tariro Tazvitya approached the coach seeking an order to stop the local government authority from urbanising Kondo Communal Lands without following due process.

What transpired:

Some CRDC officials accompanied by those from the Department of Physical Planning, in November and December 2021, began surveying and pegging residential stands in Kondo Communal Lands in Chipinge without informing them about the process of urbanising the area.

The villagers then resorted to instituting legal action by filing an application at Mutare High Court on 16 May 2022 seeking an order to stop the CRDC’s move which they said was a violation of several of their constitutional rights

These rights include their right to property, their right to administrative justice and their right to information all guaranteed in the Constitution.

In the application, which was filed by their lawyer Tariro Tazvitya, the villagers argued that CRDC had not consulted them before undertaking the urbanisation process.

They said, resultantly, their concerns had not been considered in violation of the provisions of the Communal Lands Act, which stipulates the procedure in terms of which the urbanisation process must be done.

The villagers argued that urbanisation of their land has the effect of reducing the size of the land in which they are in occupation and asked the High Court to halt the process.

The Kondo villagers stated that they have inhabited Kondo Communal Lands since time immemorial, where they lead a communal way of life and rely on and carry out subsistence farming as a source of livelihood hence it would be unmanageable to survive in an urban setup as they have no capacity or the means to cope with the urban way of life.

In response to the villagers’ application, High Court Judge Justice Jester Helena Charewa recently barred CRDC from urbanising Kondo Communal Lands without following due process.

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8 Comments

Chicken Chimuti 2 months ago

Icho!!!! Alternative land, financial compansation, infrastructure development -houses, roads, clinic, schools, you name it. Assurance for protection of heritage sites. Kudhara pazvakaitwa naSmith. kkkkkkkk. Nhasi ndezveduwo.


Citizen raPep naChamisa 2 months ago

Haa imi zvenyu izvo Two Thousand and Twenty-Two years After Jesus died 2022AD
and people still want to live in huts fetching water from the river
Nowonder why Zanu rules this land without pressure
Vanhu imi kurai,don’t be like Dinosaurs who were unable to adapt to changes in Time.
If you go to European Villages they have Internet and Urban infrastructure and there are (Old Villages/alt Stadt) which are just kept for Historical pleasure otherwise mabasa acho anobvepi kana makachengeta mahactares eminda netumukuku nematanga emombe


377 1 month ago

urbanization yakanaka but no with our current situation. hatina mvura, hatina zesa, komabasa ekuti vanhu vamatorera minda vawane zvekuvararamisa? zvimwe zvakatonaka zakadai.ekuti nyika irikuremegwa ne ma small towns ainawo. more towns with less employment means more crime.

mawonero angu.

porongi 2 months ago

@citizen rapep I think you don't understand what those villagers are saying read the article before commenting.they want to be compensated (given another peace of land to live ) that's what I know when villages are taken for urban growth.vanotovakirwa nezvikoro nemaclinic that's the normal procedure .you know nothing better to zip your mouth.iwe tikauya tikakutorera pauri kugara izvozvi totovaka kana night club ipapo without even consulting you zvinoita here


Adolf Hitler 2 months ago

@porongi madiro ako zveusiku akaoma

Kule Kule 2 months ago

Aaaah, manje pane chicha buda here apa? Vachangobviswa pavagere nokuti Tariro Tazvitya wavo uyu wakarashika zhira yeku court akainda kunopira nyaya yacho kuna coach


Tateguru 1 month ago

Excellent judgment


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WILLIAM SONBOY CHINEMBIRI 1 month ago

Good morning. This is for the betterment of those who allege that I call every Jack and Jill "Advocate". It is not true.

Those I call "Advocate" are actually trained lawyers who are in practice or are qualified, but are not practising on account of other duties they are engaged in.

I hope this clears the air. Not Jack and Jill is an advocate.

Yours faithfully
William Sonboy CHINEMBIRI
[ THE BUSH LAWYER ].



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