The Sunday Mail
Lincoln Towindo Senior Reporter
The Zimbabwe Human Rights Commission is investigating council officials who authorised the eviction of illegal vendors and demolition of houses constructed in undesignated areas. The probe seeks to establish whether these actions amount to criminal human rights violations. Those found guilty face prosecution and possible imprisonment.
Residents whose houses were demolished could also receive compensation if authorities are found to have broken the law.
ZHRC has since approached Local Government, Public Works and National Housing Minister Saviour Kasukuwere in the preliminary stage of the investigation.
Minister Kasukuwere could not be reached for comment. The Constitution authorises the Commission to investigate actions by individuals or institutions that may be deemed as violating the Declaration of Rights. Responding to inquiries by The Sunday Mail, ZHRC Chair Mr Elasto Mugwadi said, “The ZHRC is ready to institute investigations into all cases of possible human rights violations in the country in fulfillment of its constitutional mandate.
‘‘In fact, the process to engage stakeholders as well as investigate the matter has started. “The ZHRC has already met with the Honourable Minister of Local Government, Public Works and National Housing as part of the process. ‘‘This is a bigger, national level and systemic challenge that requires wider scope consultations and appreciation before the Commission can take investigative and remedial actions.
“The same approach is being followed to address the challenges with regards to eviction of vendors at undesignated selling points in most urban areas.”
Section 14 of the Zimbabwe Human Rights Commission Act (Chapter 10:30) states that after carrying out investigations, the Commission can recommend that:
- an action, omission or decision by a respondent being complained against be abolished, cancelled, reversed, varied or altered:
- the responsible person should give reasons in relation to the action or omission complained against;
- the responsible person should take steps to rectify any action or omission being complained of;
- the responsible person or authority pays compensation to a victim of a human rights violation, or to such victim’s family;
- that court proceedings (be they criminal or civil) be instituted against the responsible person or authority.
Mr Mugwadi said, “It is also important to note that after its investigations, the ZHRC makes recommendations to appropriate bodies for resolution of complaints made. Reports are also made to Parliament through the Ministry of Justice, Legal and Parliamentary Affairs.
“In the event of monetary awards for compensation, enforcement occurs through the court after registration of such awards with the High Court of Zimbabwe.”
Secretary for Local Government, Public Works and National Housing Engineer George Mlilo said he was not aware of this investigation.
“I am not aware of such a development. As Government, we believe that home-seekers should abide by city by-laws,” he said.
“There should be orderly development of cities and no one should be allowed to build their houses wherever they please.”
Zimbabwe Local Government Association Chair and Bulawayo Mayor Councillor Martin Moyo said: “These things are relative and there is need to put things into their proper context. On one hand, you have the issue of the country’s laws and city by-laws that are being broken and then on the other, you have the issue of human rights.
“Clearly, the law does not allow the setting up of structures in undesignated places and in all fairness, these will have to be removed. In our case, we have said there are instances where these informal settlements can be regularised.
“Then, they will be regularised, but in cases where this cannot be done obviously the structures will have to be removed. Therefore, it’s an issue of the operation of the law.”
The ZHRC is one of the five Chapter 12 Independent Commissions established in terms of Section 232 of the Constitution.
The Commission was established in 2010, but became operational in June 2014 when members of its secretariat were recruited.
Mr Mugwadi said the Commission is mainly dealing with property rights cases.
“The work on complaints handling is conducted in fulfilment of Section 243 (1) (d) (c) (d), among others. The ZHRC inherited 558 files from the now defunct Public Protector’s Office in addition to 175 cases it has received from the public this year.
“On average, the Commission receives about 30 new cases per month.
‘‘Some 216 have been brought before the Commission and 175 cases have been closed, inclusive of both Public Protector and ZHRC cases.
“Most of the cases are on property rights (in particular, those to do with pensions), land disputes, disputes in relation to appointment of traditional leaders, labour related cases (e.g. unfair dismissals) and complaints against the police and other public offices.”
