An in-depth Study on the impacts of Operation Murambatsvina
One area remains poorly understood however, and this is any information about the
numbers of people who had valid permits for trading, or valid rights to the property that
they owned. Here a number of court actions have been mounted, and, to date, most seem to
have failed. However, two decisions are important, as they suggest that citizens’ rights have
been disregarded.
In the first case, Justice Cheda of the Bulawayo High Court ruled that the conduct of the
ZRP in destroying shacks and buildings, and in confiscating goods from vendors, was
unlawful. As he commentedxxix:
"This conduct on the part of the police was unlawful. Police are empowered to enforce the
law but can only do so within the confines of the law and not outside it. The indiscriminate
and wanton destruction as described by applicant and not denied by first and second
respondents cannot be allowed."
An even more recent case, dealing with continued evictions, resulted in Zimbabwe Lawyers
for Human Rights obtaining an uncontested injunction preventing 400 families from being
evicted from the high-density suburb of Mbarexxx. This case raises again the question of the
precipitate nature of Operation Murambatsvina, and the issue of whether most people may have
been able to obtain legal relief from eviction or destruction of their propertiesxxxi.
Useful as the small number of court actions are in understanding the limits of legality for
both Government and citizens, they cannot give any impression of scale. As was noted in
the second ActionAid International report, very high numbers reported losses:
•
•
Property: Forty eight percent (48%) of households visited reported that they
had incurred losses of property.
Source of income: Overall, 76% of interviewed households reported that
they had lost their sources of income. This figure is similar to the 73% that
had lost primary sources of income (livelihoods) as a direct result of the
Operation. The increase may be attributable to multiple sources of income
that households are engaged in to ameliorate vulnerability. Strikingly, this
generally affected all households in the same proportion.
The pressing issue, and one related to some of the conclusions in the report of the UN
Special Envoy, is the number within this overall total that had valid rights to practice their
business or occupy the property that they lived or worked in. This clearly deserved further
investigation.
2.4
Losses
Linked to the issue of legal rights is the issue of losses incurred by those affected by the
Operation. In the two previous reports by ActionAid International, attempts were made to
estimate the losses incurred by the victims of Operation Murambatsvina. The second report
estimated that Z$488,534,000.00 [US$29.5 million] were lost as a direct result of the
Operation, but this did not include any data from Harare, which had been surveyed first and
where no data relating to economic losses was collected. The interviewees indicated that they
had sustained appreciable losses in the following areas:
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