The Government of Zimbabwe, in its written submission to the mission, appears to be relying on some of the above to justify its actions under international law. 123 However, there is no indication that procedural requirements were complied with. Forced evictions under the exceptions have to be in accordance with the law, which meets international standards. The Committee on Economic Social & Cultural Rights General Comment No 7, which provides the leading interpretation of article 11(1), calls on all state parties to ensure, prior to carrying out any evictions in exceptional cases, and particularly those involving large groups that certain procedural protections are ensured. These include: k. An opportunity for genuine consultation with those affected. The mission was informed that no consultations were undertaken prior to the evictions and when the Government of Zimbabwe technical team was asked, the mission was informed that “consultations” were undertaken because the affected people were informed of the evictions through their monthly bills, which included a fine levied on owners who had illegal structures! l. Provide adequate and reasonable notice for all affected persons prior to the date of the eviction. This was not provided. See discussion under section [9.3]. m. Information on the proposed eviction should be made available in a reasonable time to those affected. This was not provided. n. Government officials or their representatives should be present during an eviction; persons carrying out the evictions should be properly identified. The Government said uniformed policemen were used making it easy to identify the persons carrying out the evictions. It is the view of the mission, however, that actions falling under the purview of local authorities should not be carried out by the (national) police or the military. o. Evictions should not take place in particularly bad weather or at night. At the time of Operation Restore Order, Zimbabwe was entering its winter season and experiencing very cold weather. The Government of Zimbabwe counter-argued that winter being a dry season is the best time to implement the operation. Operation Garikai is meant to provide alternative accommodation before the onset of the rains in October/November. It remains to be seen whether this will be accomplished and, in any case, not all those affected can be assisted. p. Legal remedies should be available and legal aid should be available to those in need of it to seek redress from the courts. Although legal assistance is being provided by some NGOs, their efforts are being hampered by a non-responsive judicial system. The High Court dismissed one case challenging the evictions, ruling that the Government was not in violation of the law to have illegal structures demolished.124 The case did not consider the procedural aspect of the law. The case ignores the recommendation by the Human Rights Committee in its General Comment Number 16 where it makes the very important and pertinent point that appropriate procedures and due process are essential aspects of all human rights, and more so where forced evictions are concerned. q. Evictions should not result in individuals being rendered homeless; prior alternative adequate housing should be available. The Government did not provide alternative accommodation to those affected prior to the demolitions. In one of the areas affected (Porta Farm), an operative High Court order issued in September 2004 preventing the Government from evicting the residents until alternative accommodation including basic 123 Paper on Legal Justification for Operation Murambatsvvina/Operation Restore Order submitted to the mission on July 7, 2005 during a meeting with Ministry of Foreign Affairs chaired by Director of Multilateral Affairs 124 Dare Remusha Cooperative Vs. The Min of Local Government, Public Works & Urban Development & 4 Ors HC 2467 / 05 60