Mutare Resident Regains Home After Court Thwarts Illegal Eviction By Council
A Mutare resident, Ebson Tembenuka, has regained possession of his home after a judicial officer intervened against the City of Mutare’s (CoM) attempts to evict him.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Tembenuka, a 56-year-old self-employed man from Sakubva, was forcibly evicted by CoM municipal police officers on September 17, 2024, who locked him out of his residence.
Tembenuka has been peacefully residing in his home since June 2012 under a valid lease agreement with CoM.
On August 16, 2024, Tembenuka received a notice from CoM about alleged rental arrears of US$128 and was invited to contest the claim. He submitted his objections to the Finance Department on August 30, 2024. Said ZLHR:
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.
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 Zimbabwe Lawyers for Human Rights, whose lawyer Tatenda Sigauke, filed an ex-parte application at Mutare Magistrates Court on 18 September 2024 seeking an order to compel CoM to remove its locks and to restore the resident’s occupation and possession of the house.
During court proceedings, Tembenuka argued that the eviction violated his constitutional rights against arbitrary eviction, as the CoM did not possess a court order to justify their actions.
On October 1, 2024, Magistrate Purity Gumbo ordered CoM to remove the locks from Tembenuka’s property and restore his access, and not to evict him without following due process of the law.
More: Pindula News
