2 1991 - 2003: A history of the establishment of Porta Farm settlement 7 In 1991 thousands of people living in informal settlements around Harare were forcibly evicted by the Harare City Council, acting under the direction of Ministry of Local Government and Housing, and moved to Porta Farm, a plot of unused agricultural land on the outskirts of Harare owned by the City of Harare. The forcible relocation of people to Porta Farm was part of an exercise to “clean up” Harare ahead of a Commonwealth Heads of Government Meeting. Those relocated to Porta Farm were told by Harare City officials that their stay there would be temporary and Harare City Council, with the assistance of central government, would permanently resettle them elsewhere. While some were resettled by government at Dzivarasekwa Extension in 1992/3 8, the population of Porta Farm grew over the years as new people – many made homeless as a result of other forced evictions around Harare – moved to the area.9 By 2005 the population of Porta Farm was in the region of 6,000 – 10,000 people.10 2.1 1995: Harare City Council attempts to evict the residents of Porta Farm On 21 June 1995 Harare City Council notified residents of Porta Farm in writing that they had just 48 hours to leave the area or face forcible eviction and the demolition of their homes. 11 The land was to be used as a sewage disposal and treatment site. The Council did not attempt to offer any 7 Unless otherwise stated the information in this case study comes from court papers, including: Affidavit of Freddy Goronga in HC 4233/95 (marked in the court records with case reference HC 3177/91) in the matter of Freddy Goronga and 389 other residents at Porta Squatter Camp Area (applicants) and Harare City Council (respondent), 23 June 1995; Affidavit of Tawanda Nyambirai in HC 4233/95 in the matter of Freddy Goronga and 389 other residents at Porta Squatter Camp Area (applicants) and Harare City Council (respondent), 23 June 1995; Provisional Order, Harare High Court, HC 4233/95; Opposing affidavit of Edward Kanengoni, Town Clerk for Harare City Council in HC 4233/95 in the matter between Freddy Goronga and 389 others (applicants) and Harare City Council (respondents), 27 July 1995; Affidavit of Freddy Bosha in HC 4233/95 in the matter of Freddy Goronga and 389 other residents (applicants) and Harare City Council (respondent), October 1995; Opposing Affidavit of Freddy Goronga in HC 4233/95 in the matter of Freddy Goronga and 389 other residents at Porta Squatter Camp Area (applicants) and Harare City Council (respondent), undated; Respondents Heads of Argument, case number HC 4233/95 in the matter between Freddy Goronga and 389 others (applicants) and Harare City Council (respondent), 12 January 1996; Founding Affidavit of Felistus Chinyuku in case HC 10671/04 in the matter between Felistus Chinyuku and others and the Minister of Local Government, Public Works and National Housing, 27 August 2004; Supplementary Affidavit of Ignatius Morgan Chiminya Chombo, Minister of Local Government, Public Works and National Housing, reference case number HC 10671/04 in the matter between Felistus Chinyuku and others (applicants) and the Minister of Local Government, Public Works and National Housing, 22 November 2004; Supplementary Affidavit of Ignatius Morgan Chiminya Chombo, Minister of Local Government, Public Works and National Housing, reference case number HC 10671/04 in the matter between Felistus Chinyuku and others (applicants) and the Minister of Local Government, Public Works and National Housing, 21 December 2004; Founding Affidavit of Felisitus Chinyuku in HC 3225/05 in the matter between Felisitus Chinyuku and others (applicants) and Minister of Local Government, Public Work and Urban Development (1st respondent) and Minister of Home Affairs (2nd respondent) and the Commissioner of police (3rd respondent) and the Chairperson Harare City Council (4th respondent); 29 June 2005; 4th Respondent’s opposing affidavit in case number 3225/05 in the matter between Felistus Chinyuku and others (applicants) and Minister of Local Government, Public Work and Urban Development (1st respondent) and Minister of Home Affairs (2nd respondent) and the Commissioner of Police (3rd respondent) and the Chairperson Harare City Council (4th respondent), July 2005. Supplementary information comes from Amnesty International and ZLHR interviews with Porta Farm residents conducted between September 2004 and February 2006. 8 Reports from that time indicate that many of the housing structures provided by government were actually occupied by civil servants, mainly soldiers. In the court record Harare City Council maintains that some of the original settlers at Porta Farm did not take up the opportunity of housing at Dzivarasekwa Extension while the Porta Farm residents maintained that not all those placed at Porta Farm in 1991 were offered accommodation at Dzivarasekwa Extension. Moreover, Dzivarasekwa Extension was itself targeted during Operation Murambatsvina and amongst those reportedly subjected to forced evictions there were people who had once been at Porta Farm. 9 For example, in 1993 the government forcibly evicted several thousand people from Churu Farm, which was at the time owned by the leader of the political opposition Reverend Ndabaningi Sithole. The government made almost no provision for their alternative settlement. Many of those evicted were placed at a holding camp at Hatcliffe, while others – with nowhere to go – moved to Porta Farm. 10 The exact number of people at Porta Farm is unknown. The residents place the figure at approximately 10,000. A schedule of Porta Farm households submitted to the High Court by the Ministry of Local Government, Public Works and National Housing in November 2004 lists 1020 households. A report by Shack and Slum Dwellers International, an NGO that worked with the community suggests this list may not be complete (see note 14). A recent survey by ActionAid International & Combined Harare Residents’ Association on households affected by Operation Murambatsvina found the average size of a household was 5.8 persons, which would give an overall population of 6,000. 11 Harare City Council was using the Urban Councils (Model) (Use and Occupation of Land and Buildings) By Laws R.G.N. 109/79.