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:
<blockquote>
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.
</blockquote>
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: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

A man in Mutare named Ebson Tembenuka got his house back after the council tried to kick him out illegally. He had a lease agreement with the council but they said he owed money. Even though he tried to explain, they still locked him out. He asked for help from lawyers who went to court. The judge said the council had to give his house back and couldn't do that again without a good reason. In the end, he won and got his home back from the council.

Mutare Resident Regains Home After Court Thwarts Illegal Eviction By Council

A 34-year-old man from Nkulumane suburb in Bulawayo allegedly killed his landlord for evicting him from his house.
The landlord, Mgcini Sibanda (44), was found dead on a toilet seat on 19 March after he was assaulted by his tenant the previous day.
ZRP spokesperson in Bulawayo Province, Inspector Abednico Ncube said Mnkandla fled after committing the alleged offence. He said:
<blockquote>
On 18 march 2023 at around 11 PM, the now deceased Mgcini Sibanda a male adult aged 44 years had a misunderstanding with the accused person over an issue of why he was still staying in his house while he had given him notice in January 2023.
The accused person assaulted Mgcini Sibanda with an unknown object and he sustained injuries but did not report the matter to the police nor did he seek medical help.
The accused person ran away soon after committing the offence. The deceased was found the following day by a neighbour dead whilst sitting on the toilet seat. A police report was then made.
He had two cuts on the forehead consistent to have been caused by a sharp object, bruises on both knees and blood stains on the left arm.
</blockquote>
He urged members of the public to resolve their disputes amicably instead of taking the law into their own hands.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Tenant Kills Landlord Over Eviction Notice

The High Court has overturned the law which protected tenants renting commercial properties from being evicted from premises after the expiry of their contracts.
Sections 22 and 23 of the Commercial Premises (Rent) Regulations, 1983 authorised them to continue staying or using premises despite the expiry of their contracts. 
The owner of the building was prevented from evicting the tenants as long as they were abiding by the terms and conditions of the expired leases.
High Court judge Justice Webster Chinamhora, however, ordered tenants to immediately vacate the premises after the expiry of their contracts noting that sections of that law were unlawful and unfair, <a href="https://www.newzimbabwe.com/high-court-outlaws-statutes-protecting-commercial-property-tenants-in-landmark-ruling-2/">NewZimbabwe</a> reported. Chinamhora said:
<blockquote>
 A cumulative reading of section 22 and 23 shows that these provisions unfairly limit the powers of a court in ordering eviction and heavily restrict the lessor’s rights to terminate occupancy or seek eviction and possession of the premises after the lease expires.
The regulations create a forced relationship between the lessee and the lessor known as statutory tenancy. My view is that sub-paragraphs (i) and (ii) of section 22 (2) effectively preclude the lessor from increasing rentals or leasing out the property to another person once the statutory tenancy protection applies.
I would add that section 23 fortifies the protection accorded under section 22 of the Regulations and entitles the lessor to all the other benefits arising from the original contract.
It is precisely for these reasons that section 22 and 23 of the Regulations are ultra vires the Commercial Premises (Lease Control) Act and set them aside.
</blockquote>
The ruling followed a legal dispute between a Harare-based company, Elnour United Engineering Group Private Limited and Industry and Commerce minister, Dr <a href="https://www.pindula.co.zw/Sekai_Nzenza">Sekai Nzenza</a>.
Elnour United owns Gulf Complex and Sunshine Bazaar in Harare’s central business district (CBD) and Mbare, respectively.
The company argued that the regulations went beyond the powers of the Commercial Premises Act.
Elnour United sought an order directing minister Nzenza to make regulations that address the interests of both the lessor and lessee.
Nzenza had argued there was nothing discriminatory in the said provisions since section 23 of the Rent regulations deals with the rights and duties of the lessee.
The minister further submitted that the company had failed to exhaust local remedies before asking the court to intervene.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

High Court Overturns Law Protecting Tenants From Eviction

The Zimbabwe Land and Agrarian Network (ZiLAN) has urged the government to respect the land rights of the beneficiaries of the land reform programme.
This follows reports that more than 3 000 resettled families face eviction from their land at a Chegutu farm to pave way for a platinum project by a private firm, Global Platinum Resources.
In a statement on Tuesday, ZiLAN called on the government to consult the farmers and agree on appropriate compensation measures with them before they are relocated. Said the group:
<blockquote>
The Zimbabwe Land and Agrarian Network (ZiLAN), in its traditional Annual Policy meeting held on the 24th of November 2022, deliberated on various policy issues and their implications on smallholder farmers.
As a network working with smallholder farmers in pursuit of land rights and the advancement of socio-economic status noted a disturbing trend of threats of evictions and /or actual evictions of smallholder farmers in communal and resettlement areas to pave way for investments in various forms.
Information received from smallholder farmers across the country points out that in most cases the affected communities are excluded or inadequately consulted while in some cases farmers have been displaced without receiving commensurate compensation.
… From our ongoing engagements with key stakeholders involved, the community in question has not been adequately consulted with regard to the development.
As we monitor the situation closely, it is our firm belief that this development infringes on the fundamental rights and freedoms of people as set out in Section 72 of the Zimbabwe Constitution.
While cognisant of the fact that development will always result in the inevitable loss of land by communities, the network calls for the following to ensure that the land rights of people are protected and upheld; we therefore implore that; due diligence, due process, transparency and accountability be followed in all land matters that have the potential to affect livelihoods.
… In cases of eviction, compensation should be agreed on and honored through inclusive processes for the benefit of all parties concerned.
Respect for people’s cultural and spiritual practices be upheld.
Compensation should not only be about resettlement but restitution.
</blockquote>

Thousands Of Land Reform Beneficiaries Face Eviction

Hundreds of villagers around Muzarabani Growth Point in Mashonaland Central Province face displacement to pave way for the expansion of the growth point.
The villagers, through their traditional leaders, have sought assistance from the Zimbabwe Lawyers for Human Rights (ZLHR) to stop their impending eviction.
The affected villagers claim they were not given alternative land to relocate to.
A letter written by the villagers through lawyer Paidamoyo Saurombe to the Muzarabani Rural District Council (MRDC) reads in part:
<blockquote>
Any relocation of villagers must be done in terms of the provisions of the law; and that there should be adequate notice and suitable relocation areas provided by MRDC.
There should be compensation to those who will be affected and adequate provisions to preserve the cultural and historical heritage of the area, hence a blanket approach, which disturbs the way of life of the village heads and the villagers would be undesirable and unlawful.
</blockquote>
The letter was copied to Local Government and Public Works Minister July Moyo.
The villagers demanded to be availed of a map that shows that their villages were in the Muzarabani growth point catchment area. They wrote:
In that vein, in terms of section 62 of the Constitution of Zimbabwe, read with section 7 of the Freedom of Information Act (Chapter 10:33), which promotes public access to governance information for the purpose of exercising accountability, we request to be provided with the following documents and information: The 1983 map for Muzarabani growth point, the October 1987 map for Muzarabani growth point, and the ground plan for Muzarabani growth point.
| <a href="https://www.newsday.co.zw/local-news/article/200001941/muzarabani-villagers-face-eviction">NewsDay</a>

Muzarabani Villagers Face Displacement

The Ministry of Primary and Secondary Education faces eviction from the premises it is renting in Masvingo for failing to pay rent.
The rent arrears have risen to ZWL$5 million since 30 June 2021. The ministry occupies Wigley House along Josiah Tongogara Avenue in the Ancient City.
High Court judge, Justice David Mangota, has ordered the deputy Sheriff to evict the ministry from the premises. The order reads:
<blockquote>
The ministry shall pay the sum of $5 050 622.13 being arrear rentals as well as the interest of the sum at the rate of five per cent per annum calculated from June 30, 2021, to the date of full and final payment.
The ministry shall pay the sum of $188 183.65 being arrears operating costs and levies as well as interest on the sum at the rate of vice per cent per annum.
First defendant and all those claiming occupation through it shall vacate the premises within two days after service of the present court order on the ministry.
The Sheriff of the High Court shall evict first defendant and all those claiming occupation.
</blockquote>
According to court papers, the parties entered into a lease agreement for the property in January 2009 for an initial period of three years up to December 2011 subject to renewal.
The ministry, however, failed to pay rentals for several months, prompting the landlord to take legal action.
On 25 June 2021, the landlord served the summons on the ministry for non-payment of rentals but the latter ignored the claim resulting in a default judgement being made against it by the High Court.
<h4>More: <a href="https://www.newzimbabwe.com/high-court-orders-sheriff-to-evict-education-ministry-over-5-million-rental-arrears/">NewZimbabwe.com</a></h4>

Ministry Of Education Faces Eviction Over ZWL$5 Million Rent Arrears

Magistrate Artwell Sanyatwe has ordered a man in Honde Valley in Manicaland province to stop evicting and assaulting a widow as punishment for turning down his sexual demands.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Magistrate Sanyatwe granted the order after Chipo Masimo, a widow living in Hamudikuwanda A Village under Chief Mutasa in Honde Valley in Manicaland province approached the court seeking a protection order stopping Ernest Manhari, her brother in law, from evicting her from her communal home.
In the application which was filed by Moses Chikomo of Zimbabwe Lawyers for Human Rights, Masimo said Manhari has been threatening her with eviction from the communal home for refusing to accept his sexual advances.
Masimo’s husband passed away in 2012 leaving her and two minor children at the communal home.
Now, Manhari claims that since he is the surviving male member of the family, he is the heir to the communal home and as such should take control of the homestead.
 
Masimo said her brother in law is in the habit of physically assaulting and even demanding sex from her.
According to Masimo, Manhari has locked her other rooms so that she does not have access to the home and has also forcibly taken her two minor children.
Manhari, Masimo said, is also in the habit of harvesting her bananas and avocado pears which are her only source of livelihood.
This has now been stopped by Magistrate Sanyatwe, who recently granted a protection order in favour of Masimo ordering Manhari not to evict or threaten to evict her from her matrimonial home and not to verbally, insult, threaten or physically traumatise her in any manner. Manhari was also ordered not to physically assault Masimo.
<h4>More: <a href="https://www.facebook.com/724376581023541/posts/4147527648708400/?app=fbl">Zimbabwe Lawyers for Human Rights [Facebook]</a></h4>

ZLHR Rescues Widow Facing Eviction For Turning Down Sexual Advances

Agriculture, Mechanisation and Irrigation Development Deputy Minister (Cropping) Davis Marapira said that Government is set to evict 300 families settled on the shores of Lake Mutirikwi to restore a buffer zone around Masvingo City’s sole water supply that is threatened with siltation.
Said Marapira:
<blockquote>Lake Mutirikwi is under serious threat from these illegal settlers, who allocated themselves plots on the shores of the dam The area currently occupied by the illegal settlers is supposed to be a buffer zone that is devoid of human settlements to avert the threat of siltation. We are going to move in and restore sanity for the sake of our dam, which is of great strategic economic importance to Masvingo city and the province at large.</blockquote>
More: <a href="http://www.herald.co.zw/300-families-face-eviction/">Herald</a>

Govt to evict 300 families

The Zimbabwe National Army (ZNA) has evicted 200 resettled villagers saying that the villagers illegally resettled in a protected area. The villagers were evicted from Lazy Nine Farm in Shurugwi.
In a statement, director Army public relations lieutenant colonel Alphios Makotore said:
<blockquote>The area is an officially gazetted cantonment area as stipulated under the Government Gazette Notice No. 802/1978
…Whoever resettled those villagers did so without consulting the relevant military authorities who could have shown the boundaries of the gazetted area.
In that regard, the eviction order stands because those villagers were illegally resettled.</blockquote>
More: <a href="https://www.dailynews.co.zw/articles/2017/07/18/army-justifies-eviction-of-200-villagers">Daily News</a>

Zimbabwe National Army evicts 200 resettled villagers

About 200 resettled farmers who were beneficiaries of the land reform programme, are set to be evicted from their land to make way for a new State University. The government has earmarked the land in Marondera East for the construction of the Marondera University of Agricultural Science and Technology.
A Zanu-PF official said:
<blockquote>We have been notified by government officials in Marondera town that some farmers from this area will have to be relocated in order to provide space for the construction of the university.
However, I urge you not worry as alternative land will be availed to those affected. We will provide you with further details when the construction of the university is about to start.
We instead should be celebrating the chance to have a university in our area as it will, among other issues, bring development to Masomera business centre and surrounding areas,</blockquote>
More: <a href="http://www.newzimbabwe.com/news-38086-Varsity+on+farmland+grabbed+from+whites/news.aspx">New Zimbabwe</a>

200 resettled farmers to be evicted as govt wants to build university in Marondera

Dumiso Dabengwa’s Zapu was evicted from its Bulawayo offices after accumulating $11 000 in rentals.
Zapu deputy spokesperson Iphithule Maphosa confirmed the development to Daily News and said that it had become difficult for them to raise $1 000 for rent hence they did not contest the eviction. He also accused State security agents of interfering in Zapu’s search for new offices and said that one of their would be landlords was intimidated into withdrawing the offer.
More: <a href="https://www.dailynews.co.zw/articles/2017/05/09/zapu-evicted-over-rent-arrears">Daily News</a>

Broke Zapu evicted from offices after failing to pay rent

Vambachingwe Mine has fired and evicted 214 workers from company houses for allegedly going on an illegal strike last year in November demanding salary arrears dating back three years and better working conditions.
The mine’s management responded by firing those that participated in the strike and gave them eviction notices to vacate company houses by February 7. Gwanda Central MP, Edison Gumbo had to intervene to stop the evictions. Speaking at the mine’s premises Gumbo accused management of unfair labour practice. Said Gumbo:
<blockquote>This is not fair. These people have been left destitute because even if they leave their employment they can’t get their pensions as the company has not been remitting pension contributions to the Pension Fund. It was not also remitting money to their medical aid and funeral policies. Today they are evicting these people into the rain. That is inhumane. I will fight for the rights of people in my constituency. What the company is doing is unfair labour practice. These workers are living on a $21 salary instead of $350 and that’s unsustainable. I advised all the dismissed workers to register their names so that I can take the matter to Cabinet.</blockquote>
More: <a href="http://www.chronicle.co.zw/vumbachikwe-fires-evicts-214-workers/">Chronicle</a>

Vambachikwe Mine fires & evicts 214 workers from company houses for striking

Activist <a href="http://www.pindula.co.zw/Linda_Masarira" target="_blank">Linda Masarira </a> has spoken out against the National Railways of Zimbabwe’s deplorable treatment of its workers. The parastatal evicted five families into the open from its Rugare staff quarters in Harare.  The families were told that the houses were reserved for other people.  They were later bundled into single quarters following a public outcry from human rights activists.  However, some of the property belong to the families was damaged after being exposed to the rain.
Masarira said:
<blockquote>All working men and women deserve to (be paid); their families deserve a home and all kids deserve to learn. No one has title deeds to this country.
These are families of workers who haven’t been receiving full salaries for seven years. After committing so much energy and sacrifice to the wholly-owned State parastatal, all they get is suffering and sorrow instead of salaries.</blockquote>
More: <a href="https://www.newsday.co.zw/2017/01/03/nrz-evicts-workers-families/">Newsday</a>

Linda Musarira criticizes NRZ for giving workers "suffering and sorrow instead of salaries" after they evicted unpaid workers

The High Court has evicted Chief Zimunya from Odzi Farm following an urgent chamber application by the owner, Phillip Valentine, a white farmer.  Chief Zimunya, real name Kibeen Bvirindi, allegedly grabbed the farm from Valentine on October 24, 2016.
Part of the High Court Order reads:
<blockquote> . . . an interim order is granted on the following terms, that first and third respondents (Bvirindi and Moyo) and all those claiming occupation through them restore the applicant (Valentine)’s possession of Odzi Farm, Manicaland Province, Mutare forthwith.
The first and third respondents and their agents are interdicted from harassing the applicant and his family or his workers in whatever manner</blockquote>
More: <a href="https://www.dailynews.co.zw/articles/2016/11/10/court-orders-chief-zimunya-off-farm">Daily News</a>

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