THE COMPLAINT
1. This was a complaint on the arbitrary eviction and alleged violation of the
complainants’ freedom from arbitrary eviction, right to dignity, the right to
privacy and other interrelated rights of residents of Maganga Estate in
Marondera-Mashonaland East Province (hereinafter referred to as the
complainants). The complaint was filed on the 7th November 2017 by Mr. Farai
George Siyawamwaya (Village Head), who approached the Zimbabwe Human
Rights Commission (ZHRC/Commission) on his own accord on behalf of his
village.
2. The violations are alleged to have been committed on 8 November 2017 by
officials from the Ministry of Lands and Rural Resettlement who were
accompanied by the members of the Zimbabwe Republic Police (ZRP/Police).
3. The ZHRC began its investigations into the matter on the 7th November 2017
when a letter of enquiry was written to the Head Office of the Ministry of Lands
and Rural Resettlement in Harare to find out the circumstances of the evictions
since Complainants were not served with any eviction order or written notice.
Almost a month lapsed without getting a response from the Ministry. The
response dated 30 November 2017 was received by the ZHRC on the 1 st of
December 2017. Due to the protracted delay in getting a response the ZHRC
advised Complainants to institute legal proceedings against Respondent; which
they did in Case Number B125/17 of the Magistrates Court for Mashonaland
East.
4. Complainants encountered difficulties in accessing legal aid services for them
to institute legal proceedings against Respondent. The legal aid service
providers whom they were referred to by the ZHRC namely Legal Resources
Foundation and Zimbabwe Lawyers for Human Rights indicated that they were
over-booked and did not have enough manpower to assist. ZimRights indicated
that they did not handle land issues emanating from the land reform.
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