Zimbabwe: No justice for the victims of forced evictions 7 Victims of Operation Murambatsvina have also faced obstacles gaining access to the courts. Although initially Magistrates’ Courts - the courts of first instance in Zimbabwe heard petitions from victims of Operation Murambatsvina, within a few weeks officials in the Magistrates’ Court in Harare began refusing to hear cases brought by human rights lawyers representing Operation Murambatsvina victims. This refusal was reportedly based on a directive issued by the Ministry of Justice.19 In October 2005 Zimbabwe Lawyers for Human Rights, representing a group of 252 people evicted during Operation Murambatsvina, who were threatened with further forced eviction from the site to which they had relocated in Mbare, Harare, were informed by the Duty Magistrate that the Magistrates’ Courts have “no jurisdiction over cases linked to Operation Murambatsvina”, 20 and advised that the application should be filed in the High Court. Zimbabwe Lawyers for Human Rights publicly challenged this statement, saying: “the Magistrate’s assertion that the Magistrates’ Courts do not deal with cases relating to Operation Murambatsvina is clearly incorrect. A register of such cases handled by ZLHR members and other legal practitioners is available, and the cases are a matter of public record... In fact, ZLHR has successfully obtained ex parte orders, which were later confirmed, from Magistrates’ Courts throughout the country, including the Harare Civil Magistrates’ Court, in relation to Operation Murambatsvina as well as other unrelated cases.”21 Having failed to gain access to the Magistrates’ Court Zimbabwe Lawyers for Human Rights took the case of the Mbare group to the High Court. On 10 October 2005, the court made a provisional order stating that the City of Harare, the Minister of Home Affairs and the Zimbabwe Republic Police were interdicted from evicting or threatening to evict the group of 252 people in Mbare. Despite this court order, on 13 November, at approximately midnight, municipal police assisted by National Youth Service graduates (known as youth militia), forcibly evicted the group and moved them to Hopley IDP camp.22 At Hopley the group was not provided with any shelter, and nine months later they have reportedly not been allocated plots and remain living in make-shift shelters on the edge of the camp. Operation Garikai/Hlalani Kuhle – an inadequate and ineffective remedy On 29 June 2005 the government launched Operation Garikai/Hlalani Kuhle (Better Life), under which thousands of new homes would be built and serviced stands (residential 19 Amnesty International, interviews with Zimbabwe Human Rights NGO Forum, August 2005, August 2006. Zimbabwe Lawyers for Human Rights press release, “Magistrates shirk judicial responsibilities: Vulnerable groups further exposed”, 6 October, 2005. 21 Ibid. 22 Zimbabwe Lawyers for Human Rights press release, “ZLHR dismayed at the gross disregard of court orders by the State and the City of Harare: Tsiga grounds and Ground No. 5, Mbare”, 26 November 2005. 20 Amnesty International 8 September 2006 AI Index: AFR 46/005/2006