confirmation or negation. 132. Death allegations are coming from so many quarters that they warrant an independent inquest since the police carried out the operation. There also has been wanton destruction of properties. In some cases properties have been seized and even auctioned off with no accounting for the goods or the proceeds.133 Arbitrary takeover of assets is happening against a backdrop of rhetoric of maintaining law and order.134 Far less drastic measures could have been taken by the police implementing the enforcement order. It is a general principle of administrative law that when public authorities are exercising powers, they should do so in a manner that will seek to minimize loss. It appears this principle was not adhered to during the Operation, paving the way for holding those entrusted with implementing orders to be held accountable, including for criminal negligence charges where deemed appropriate by the Government. 6.5.2 Right to Freedom of Movement The fact that a large number of people were evicted and their homes destroyed without any alternative accommodation is, in itself, unlawful. The movement of evictees has also been restrained in that those who are in camps can only go to the rural areas or other destinations of the Government’s choice and are not allowed to move freely. The Government’s policy stating that all Zimbabweans have a rural home, and that all those who have been evicted should return to their rural homes, implies a lack of freedom to choose one’s own residence. This has particularly serious implications for those Zimbabweans of foreign origin who have no rural home. The mission visited Caledonia Camp, which was set up by the Government. The camp manager confirmed that the residents were waiting to be transported back to villages.135 They are not being allowed to leave the camp, but children were allowed to go to school in the city, a considerable distance away. The proportion of people in the camps compared to the total number of evictees is however limited and this has implications for issues under the Rome Statute (see 6.7). Box 2: Press Statement by the Law Society of Zimbabwe on Operation Restore Order, June 2005 In their submission the Law Society argued: The justification for these actions is that illegal structures should not be allowed to stand, that businesses which operate without lawful authority should not be permitted to operate; and that unlawful elements of society should be arrested. It is however clear that the wholesale destruction of building and businesses and the mass arrest of citizens and non-citizens of Zimbabwe, without the due process of the law is a blatant and unacceptable violation of constitutional rights of those affected by these actions. Many people have been deprived of shelter, and thousands have been deprived of their livelihoods, and have lost their property and in many instances their liberty. A Government which genuinely respects the constitutional rights of individuals would have been expected to give warning of its intended actions, follow due process of law, and have made contingency plans for those who were suddenly left homeless or without an income. The stated purpose for these actions by the Government is to curb crime. However, the unfortunate consequences of such action is that persons who previously were able to earn an income in the informal sector, will in many cases, be forced to turn to crime to survive. The actions of the Government merits strong censure and the Law Society of Zimbabwe condemns these actions. Source: Submission by J. James, President, Law Society of Zimbabwe, 6 July 2005 132 After she had left Zimbabwe the SE was faxed an unsigned Memorandum dated July 6. 2005 from Police General Headquarters. The document admits that one child was killed but not as a result of the operation. It is important to note that the memorandum is not on an official letterhead and is unsigned. 133 Law Society of Zimbabwe, op cit 134 ibid 135 Some 5,000 people were being accommodated in one transit camp in Harare with totally inadequate shelter and protection from the elements. 63