An in-depth Study on the impacts of Operation Murambatsvina
4.3:
Legal Issues
As noted earlier, the issue of the infringements of people’s legal rights has provoked
considerable discussion. The Zimbabwe Government has continuously argued that Operation
Murambatsvina was an action to contain illegal dwellings and illegal trading in order to contain
crimes and criminal activities. This was doubted by the UN Special Envoy, and other
authorities, who have all pointed out that the resort to the informal sector as a means of
livelihood is common throughout Africa and much of the under-developed world: where the
formal economy is unable to provide jobs and livelihoods, then it is logical and generally
encouraged that citizens find other ways of providing for themselves and their families.
Similarly, as regards housing, it is common for people in situations of scarce urban housing
to find more informal modes of accommodation. This may lead to the development of
shanty-towns, but, in Zimbabwe’s case, and based on the Zimbabwe Government’s own
data, this was not a serious problem in Zimbabwe. As UNHABITAT has estimated, in 2003
Zimbabwe had a slum population of about 157,000 [3.4% of the total population], which is
relatively low in the context of the African continentxlii.
Thus, it was of interest to examine the extent to which Zimbabwean citizens had some legal
right to housing, trade and other legal rights, either formally granted or informally
encouraged by the Government. This is especially so in the light of court decisions indicating
that the evictions, demolitions, and arrests were outside the powers of the police.
As can be seen from Table 13 below, our data strongly endorses the views of
UNHABITAT: it does not suggest a large population of slum-dwellers, but rather a
population of substantial citizens. A majority was paying rates, and a majority of these had
some form of authorization for their occupancy. It is common cause that the Zimbabwe
Government, politicians, and Councils have supported land occupancy, and not only in the
rural areas. It has been almost a litany since 2000 that lack of land has been at the base of
Zimbabwe’s problems.
Table 13: Effects on property
Had building destroyed
Paying rates
Not authorized
Council
Authorized by:
Government
Politician
Housing co-operative
Households that had lease agreements
Leases in their own name
Relative
Leases in
Friend
another name:
Landlord
Co-operative
Property registered with a council
Proportion [%]
58%
76%
36%
39%
8%
10%
7%
34%
31%
22%
5%
56%
17%
43%
23
The effects on people’s
livelihoods were equally
dramatic. As can be seen
from Table 14 below, a
sizeable majority reported
that the Operation had
affected their livelihoods,
with
significant
percentages
reporting
being
registered
and
paying rates. As can also
be seen, a large number
reported being assaulted
whilst in police custody,
and the degree to which
the statutory maximum
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