To constitute a crime against humanity, any such act must be committed “as part of a widespread or systematic
attack directed against any civilian population, with knowledge of the attack”. It is at least arguable
that OperationMurambatsvina constitutes a crime against humanity in terms of this definition.
Operation Murambatsvina has also breached a whole series of local laws. Firstly, it has violated s 15 of the
Constitution which provides that no person may be subjected to torture or inhuman or degrading punishment or
other such treatment. Underlying this provision is obviously the right to human dignity.
The campaign also flagrantly violates a number of the rights proclaimed in the Administrative Justice Act,
particularly the provision requiring that all administrative authorities (which would include the City Council and the
police force) are obliged to act lawfully, reasonably and in a fair manner. The completely indiscriminate way in
which the campaign has been carried out was neither lawful nor reasonable. The manner in which the powers were
exercised amounted to a breach of natural justice (by failing to give reasonable notice of the planned action and to
give the one month’s notice as required by the relevant Act). It also constituted an abuse of powers in terms of s.5 of
the Administrative Justice Act.
Conclusions
Whatever the reasons for it, Operation Murambatsvina constitutes a widespread and systematic attack on a poor and
defenceless civilian population. It has laid to ruins the homes, businesses and lives of hundreds of thousands of
people. To destroy housing, no matter how rudimentary, without having available any alternate housing is totally
unacceptable, and is reminiscent of the draconian actions of colonial governments: both in Rhodesia and South
Africa there are many memories of police destroying “illegal” settlements and carrying out forced removals of
whole sections of the civilian population.
Substantial numbers of persons who were able to survive by trading in the informal sector have had their only means
of survival support for themselves and their families destroyed. Many of these traders lost their goods when the
police confiscated them, or they were damaged or destroyed during the ‘clean-up’ operation. This has left these
persons destitute and without the means of earning a livelihood for their families.
The restoration of the beauty of the City of Harare is certainly no justification for this brutal action against poor
people. The rooting out of crime cannot justify indiscriminate destruction of the only shelter people have and the
decimation of their only means of livelihood. If the more sinister political and economic explanations for this action
are in fact true, then the action taken is even more deplorable.
Not without justification, have people likened the devastation wreaked by the Government to that of a tsunami.
However, unlike a tsunami, Operation Murambatsvina has been aimed at specific targets. It is this selectivity of
targets that has led to the speculation that the true motives behind it are political.
Select target paragraph3
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