P rotecting
the right to freedom from arbitrary eviction , and the right to shelter …
27
Makani and 5 Others v Epworth Local Board and 4 Others
ZLHR filed this application of behalf of Epworth residents, whose houses were being arbitrarily destroyed by
members of the Zimbabwe Republic Police and the Epworth Local Board. The litigation sought to challenge
the conduct of these authorities on the basis that demolishing houses without a court order is illegal and
unconstitutional. ZLHR argued that the conduct of evicting the applicants from their homes without due
process or notice, amounted to self-help and violated, especially, section 74 of the Constitution, which
prohibits arbitrary evictions. The High Court agreed with the submissions by ZLHR and granted an order
to interdict the authorities from evicting and destroying the Epworth residents’ property. ZLHR was, using
this litigation, able to also stop and pre-empt any intended further evictions and demolitions of property for
others in this community without due process being followed.
ZLHR Annual Report 2014
Thomas Marumise (left) and Peter Makani (second
from left), who are victims of the government
sanctioned house demolitions, and their lawyers,
Tonderai Bhatasara and Dzimbabwe Chimbga of
ZLHR, at a media briefing held in Harare
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