Vainona Double-Storey Dispute Raises Legal Questions Over Demolition, Compensation

Harare City Council faces legal challenge over planned demolition of a Vainona double-storey building, raising questions on administrative error, homeowner rights, and constitutional protections (image source)

Harare City Council’s plan to demolish a double-storey building in Vainona, despite prior approvals, has sparked a legal dispute that highlights constitutional protections against arbitrary demolitions and administrative errors. The case centres on a building at Alpes and Grant roads, which council inspectors flagged for encroaching on road frontage.

Mayor Jacob Mafume insists the structure must be removed, citing safety and regulatory compliance concerns, while the owner, Allen Shonhiwa, points to council-stamped approvals and has launched litigation challenging the demolition. The legal issue revolves around whether prior approvals shield the council from liability or whether administrative errors can be corrected without compensating the property owner.

(image source)

Zimbabwe’s Constitutional Court has reinforced homeowners’ rights in similar cases, ruling that demolitions without proper judicial oversight can be unconstitutional. Authorities must follow due process, respect the constitutional rights to housing and dignity, and obtain court orders where necessary. These precedents strengthen the likelihood of successful legal challenges for property owners.

Two legal pathways are emerging. The council may argue that the building violates statutory setbacks and that approvals were issued in error, while the owner may invoke legitimate expectation and administrative law protections for those acting in good faith based on official permits. Courts typically scrutinize inspection records, approval procedures, and whether residents’ rights were considered before authorizing demolition.

(image source)

Potential remedies include injunctions to halt demolition pending a hearing, declaratory relief, and compensation if the council is found to have acted unlawfully. Experts note that councils should improve inspection protocols, thoroughly document decisions, and maintain transparent communication to prevent litigation and reputational harm.

Mayor Mafume maintains that the building will be demolished, while Acting Director of Urban Planning Samuel Nyabezi acknowledged prior inspection failures. The owner awaits formal council notification as the matter proceeds through the courts.