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Mashudu Netsianda  Senior Court Reporter
THE Bulawayo High Court has ordered Redcliff Municipality to stop evicting and locking out more than 300 families from Torwood suburb over unpaid rentals and rates.Most of the families’ breadwinners are employed by NewZim Steel which is yet to resume production.

The ruling by Justice Andrew Mutema follows a chamber application filed by Serina Moyo and 377 other tenants after the local authority had ordered their eviction for non-payment of rentals, water bills and other service charges.

Justice Mutema ruled that the action by the council was illegal and unlawful.

“The sections 11, 19, 20 of the Statutory Instrument 147/1985 of the Urban Councils Act (Model) (Occupation of Council Property) by-laws, 1985 be and hereby declared invalid and in conflict with section 74 of the Constitution of Zimbabwe. The actions of Redcliff Municipality of locking out applicants from their residential property in terms of the Urban Councils Act by-laws are hereby declared illegal and of no force and effect,” ruled Justice Mutema.

The judge also ordered Redcliff Municipality to pay the costs of the  lawsuit.

Redcliff Municipality applied sections 11, 19, 20 of the Statutory Instrument 147 of 1985 of the Urban Councils Act (Model) (Occupation of Council Property) by-laws to evict the tenants. Most of the affected tenants are employed by NewZim Steel formerly Zisco Steel Company and have not been getting their salaries for months.

According to the Statutory Instrument 147 of 1985, local authorities are empowered to lock out defaulters for 48 hours and thereafter evict them if they fail to pay rentals.

Section 11 (3)4 of the SI referred to by council reads: “If rent for any council residential property has not been paid by the seventh day of the month, the director may order the holder of a certificate of occupation to pay rent within seven days.”

“. . . if rent is still unpaid after the 12th day of the month the director may lock up the council residential property for 48 hours and prevent the holder of the certificate of occupation from residing therein pending payment of rent.”

However, section 74 of the Constitution prohibits arbitrary eviction.

“No person may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances,” reads part of the Constitution.

According to court papers, Redcliff Municipality and the Minister of Local Government, Public Works and National Housing, Dr Ignatius Chombo were cited as respondents.

In her founding affidavit, Moyo said most of the applicants were employees of New Zim Steel who have not been paid their salaries for several months.

“All applicants who are employees of New Zim Steel and occupying the council houses have not been earning any salaries for a very long time as the strategic partners sought to inject funds in the company have not yet moved in.

“This has resulted in employees failing to honour their obligations to Redcliff Municipality as the applicants are living in abject poverty, and the situation can only improve if their salary arrears are paid by their employer,” said Moyo.

The applicants through their lawyer Vuyile Mpofu of Marondedze, Mukuru and Ndove Legal Practitioners who represented them under instructions of Chitere, Chidawanyika and Partners, argued that Redcliff Municipality’s actions were unconstitutional as the local authority did not have a court order to evict them.

The families were evicted on October 29 last year by officials from Redcliff Municipality and they had to sleep in a public hall for a night. They accused council of acting “illegally and inhumanely” saying their actions were in violation of basic human rights.

“We note with regret that Redcliff City Council has continued to violate basic human rights by acting in an inhumane manner when it locked out the elderly from their houses without notice or following due legal course. The unlawful action by council resulted in those on medication failing to take their medication and similarly children were seriously affected, especially those who were preparing to sit for the national examinations,” said Mpofu.