4.1 Section 74 of the Constitution provides that: ‘No person may be evicted
from their home or have their home demolished without an order of court
made after considering all the relevant circumstances.’ In the present case,
a court order was obtained before the evictions and the complainants were
advised of the eviction. In that light, the complainants’ freedom from
arbitrary eviction was not violated.
4.2 However, it has been argued, rightly so, by the Office of the High
Commissioner for Human Rights (OHCHR) that ‘even if a national court has
ruled in favour of an eviction or if the eviction is carried out in conformity
with national legislation, the situation may still constitute a forced eviction if
it does not comply with international human rights standards and Staterelated obligations.’1 This argument is in line with the definition of forced
eviction as given by the Committee on Economic, Social and Cultural
Rights, general comment No. 7 (1997) on the right to adequate housing:
forced evictions: Forced eviction is “the permanent or temporary removal
against their will of individuals, families and/or communities from the homes
and/or land which they occupy, without the provision of, and access to,
appropriate forms of legal or other protection”.
4.3 The African Union Convention for the Protection and Assistance of
Internally Displaced Persons in Africa, which Zimbabwe ratified, in article
3(1) (a) states parties to “refrain from, prohibit and prevent arbitrary
displacement of populations.” The principles of human rights are clear that
before displacement of people, there is need to have established alternative
accommodation for them. In this case, no alternative accommodation was
established prior to the eviction order, thus violating the basic principles of
human rights on displacements.
1
OHCHR. Forced evictions. Fact Sheet No. 25. Available at
www.ohchr.org/Documents/Publications/FS25.Rev.1.pdf, (accessed on 30 July 2017).
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