MUTARE City Council’s plans to evict a 56-year-old Murahwa resident have hit a brick wall after the magistrate court ruled against the municipality.
Ebson Tembenuka, who resides in Murahwa in Mutare’s high-density suburb of Sakubva, was on September 17 this year left homeless after municipal police officers ambushed him at his residence before forcibly evicting him.
In a statement yesterday, the Zimbabwe Lawyers for Human Rights (ZLHR) said the municipal police officers locked doors at Tembenuka’s residence and ordered him to visit their offices for further clarification.
According to the ZLHR, Tembenuka entered into a lease agreement with the municipality in 2012 and on August 16 this year, he received a notice from the local authority informing him that he is owing council US$128 in rental arrears.
“On August 30, Tembenuka submitted his representations to CoM [City of Mutare]’s finance department disputing the amount of the arrears as advised by the local authority.
“Despite the engagement, which he had with CoM’s officials, Tembenuka was surprised to be ambushed by the local authority’s municipal police officers, who forcefully removed him from the house and locked the door to his house,” the ZLHR said.
“While he had pleaded with CoM’s municipal police officers to allow him access to some of his personal belongings and items, the employees insisted that he should visit the local authority’s offices to explain himself as they were only carrying out instructions.
“After failing to obtain relief through engaging CoM officials, Tembenuka then sought the services of ZLHR, whose lawyer, Tatenda Sigauke, filed an ex-parte application at Mutare Magistrates Court on September 18 seeking an order to compel CoM to remove its locks and to restore the resident’s occupation and possession of the house.”
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Tembenuka, through his lawyer, argued that the conduct of Mutare’s employees violated his right to administrative conduct that is fair and lawful as contemplated in terms of section 68 of the Constitution.
“Tembenuka stated that the conduct of CoM’s municipal police officers in barring him access to his residence and locking him out of his property amounted to arbitrary eviction, which is a violation of his right not to be subjected to arbitrary eviction guaranteed in section 74 of the Constitution as the local authority did not possess a court order to sanction the eviction and locking of his house.”
Moreover, he argued that the municipality had used its security personnel in its bid to become judge, prosecutor and executor in the matter, which is unlawful and unconstitutional.
“On October 1, Mutare magistrate Purity Gumbo ordered CoM to immediately remove the locks, which the local authority had put on Tembenuka’s property, and to restore his occupation and possession of his house and not to evict him without following due process of the law.”
