There is general concern that the High Court’s failure to safeguard the right of the victims of the
Operation reaffirms the argument that the Zimbabwean Judiciary has generally failed to act and
been seen to act as custodians of human rights in Zimbabwe and that there has been a regrettable
failure by members of the Bench to remain independent from the national and local politics of the
day.125 The general view among many stakeholders is that this has had a severe impact on the rule
of law and the administration of justice, and has caused the ordinary person on the street to lose
faith in achieving justice through legal channels.126 This problem is not limited to Zimbabwe. In
its report, the Commission for Africa decries the crisis of the judiciary in Africa for its failure to
ensure separation of powers between the State, the Judiciary and the Legislature. 127 Justice is said
to be on “sale” for those who have money and “on hold” for those with political power and
influence
6.5
Violations of Human Rights and Humanitarian Law
Although the Zimbabwe Constitution provides protection under Chapter III, Declaration of
Rights, Operation Restore Order infringed upon many of these rights. The forced evictions and
resultant displacements have rendered thousands of people homeless and thus venerable to the
violations of a number of other rights. In addition to the violation of the right to adequate
housing, other key rights including the right to life, property and freedom of movement have also
been violated. 128
6.5.1
Right to Life and Property
Several allegations have been made of deaths in connection with Operation Restore Order by
organisations such as Amnesty International, Human Rights Watch, Zimbabwe Peace Project and
Zimbabwe Lawyers for Human Rights.129 Of the six deaths alleged to have occurred as a result of
demolitions, three involve a child hit by a truck, and another child and sick woman hit by falling
debris alleged to have occurred at Porta Farm, Harare while the Special Envoy was present in
Zimbabwe.130 The Special Envoy had arrived at this demolition scene and was presented with a
distressed crying baby whose mother could not be located in the commotion caused by the
demolition.131 In all of these death claims the Government is yet to issue a certificate of
125
Submission by Zimbabwe Lawyers for Human Rights: Operation Murambatsvina, Public Interest
Litigation
126
ibid
127
Our Common Interest, Commission for Africa, see the section on Accountability pages 141-145, 2005
128
See also Law Society Submission op cit
129
See Amnesty International new release: “Zimbabwe: More deaths mass evictions continue unabated”
30 June 2005, Zimbabwe Peace Project news flash of July 1, 2005
130
In the Zimbabwe Peace Project news flash of July 1, 2005, four people were identified as having died in
Porta Farm as a result of Operation Murambatsvina. Mai Douglas (pregnant woman), Loyce Mandigora,
Chrispen Kapenhure, (5 year old boy allegedly run over by government truck transporting evictees from
Porta Farm, Rebecca Mupandani (terminally ill women who died allegedly while being bundled into one of
the moving trucks. This had been reported to the SE during her consultation session with NGOs in Harare.
While at Porta Farm the SE inquired about the pregnant woman alleged to have fallen off the truck. The
evictees still at the demolished site and sleeping out in the open denied this. If true this would support some
of the Governments concern that some NGOs exaggerate.
131
The Special Envoy had to purchase a feeding bottle and milk which were given to another woman to
care for the baby
62
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