Masvingo villagers win appeal against forced evict...

Masvingo villagers win appeal against forced eviction

Philemon Jambaya

Zim Now Editor

A significant legal victory has been achieved for 16 villagers in Masvingo province, Zimbabwe, who were facing forced eviction from their homesteads. The High Court has overturned their conviction and set aside the subsequent sentence and eviction order, ruling that they were charged, convicted, and sentenced under a wrong provision of the law.

The villagers had been found guilty of illegally occupying gazetted land and sentenced to three months in prison by a magistrate court. They were also ordered to vacate their land within seven days. However, their lawyers from Zimbabwe Lawyers for Human Rights appealed the decision, arguing that the villagers' rights had been violated.

In their appeal, the lawyers contended that the provisions of the Gazetted Land (Consequential Provisions) Act infringed upon the villagers' right to freedom from arbitrary eviction, as guaranteed by the Constitution. The High Court judges, Justice Garainesu Mawadze and Justice Sunsley Zisengwe, agreed with the lawyers' arguments.

The judges ruled that the Prosecutor-General now has the discretion to proceed with the matter under the appropriate law if deemed necessary. This decision marks a significant victory for the villagers and their legal representatives, who fought tirelessly to protect their rights and livelihoods.