every month were kept in a file. The file would have a photocopy of
your ID and your cooperative membership card55.
Human rights lawyers interviewed by Human Rights Watch in Harare also argued that
the government’s rationale for the evictions of “the need to restore order” did not
legitimize the government’s failure to adhere to principles of natural justice and proper
administrative procedures especially where the government failed to provide adequate
notice and/or alternative accommodation for those affected—indeed no rationale would
justify the egregious human rights violations associated with the operation and its
aftermath.56
Failure to adhere to legal procedures
In Harare, local human rights lawyers informed Human Rights Watch that the Harare
City Council notice was vague in that the affected persons were not clearly identified and
the action required to be taken by each category of people affected was not clearly
stipulated, leading to confusion about which dwellings would be demolished.57 The
evictions were also not carried out in accordance with procedures set out in Zimbabwe’s
national laws, including section 32 of the Regional, Town and Country Planning Act.
The Act stipulates under section 32 that an enforcement order for evictions shall not be
operative until the expiry of the period stipulated which gives occupants one month to
vacate the premises. It also stipulates that an appeal against the order automatically
suspends it. Another law, the Urban Council Act requires twenty-eight days notice
during which time those issued with an eviction order can appeal to the courts. Under
this Act, no action can be taken until the court issues its determination.58
Lawyers working for the organization, Zimbabwe Lawyers for Human Rights, sought a
number of court injunctions against the evictions but reported that the manner of
disposal of urgent challenges to the evictions was unduly prolonged by the High Court.
55
Human Rights Watch interview, Harare, June 20, 2005.
56
Human Rights Watch interviews with human rights lawyers and local NGOs, June 2005; See also Zimbabwe
Lawyers for Human Rights press statement, “The Legal Implications of Operation Murambatsvina and
Operation Restore Order, June 30, 2005; See also Zimbabwe Human Rights NGO Forum report “ Order out of
chaos or chaos out of order: A preliminary report on Operation Murambatsvina,” June 2005.
57
Human Rights Watch interview with Geoff Feltoe, University of Zimbabwe, June 20, 2005, Blessing Chimhini,
SAHRIT, June 22 and Otto Saki, Zimbabwe Lawyers for Human Rights, June 21, 2005.
58
Under the Urban Council Act, before taking any action, the council shall serve notice to the owner of a
building or land specifying the nature of the action proposed and the grounds upon which it proposes to take
that action.
15
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