Govt admits using flawed way in evicting illegal l...

Govt admits using flawed way in evicting illegal land settlers

Nyashadzashe Ndoro

The government has admitted that there are incidents where it incorrectly executed the ongoing forced evictions of people who are illegally settling on urban and rural agricultural State land, resulting in affected families being homeless.

Government is spearheading a fresh wave of evictions across the country in an operation targeting land barons and people who are illegally settling on State land.

The manner in which the operation is being carried out has been criticised for leaving many people homeless. Some have since approached the courts to intervene.

Leader of government business in Parliament, Ziyambi Ziyambi was questioned yesterday by Zanu PF legislator Chamunorwa Chiwanza to explain the “insensitivity” surrounding the manner in which the evictions are being made.

He asked: “The question is, in implementing of the law, there is no sensitivity around this. Is there any sensitivity to the current prevailing situation that the people who are having the law being forced upon them are facing?”

Ziyambi responded by highlighting that the evictions were supposed to be done to rectify the disorder that had been created by illegal land invasions.

“While I acknowledge the concerns of Hon. Chiwanza, we now have a problem where people believe that they can do whatever they want. There is no regard for laws by certain individuals. Government took a position that people must go back where they were, follow the necessary procedures to ensure that they are allocated land and this is the process that is happening,” Ziyambi said.

He, however, admitted that there are incidents where the process was wrongly applied and vowed to correct it.

“We are also acknowledging that there may be incidences here and there where the manner in which that is being done may not be correct.

“We undertake to ensure that the situation is corrected and I can assure you Mr. Speaker, the Minister responsible for Lands is seized with the issue. He will come up with a statement that will clear everything and ensure that the sensitivities that the Hon. Member is talking about are observed while regard to ensuring that lawlessness does not continue happening. A statement is going to be issued by the relevant Minister,” he added.

Meanwhile, the Harare Metropolitan Residents Forum, a platform for ten (10) Residents Associations in the Harare Metropolitan Province has condemned the forced evictions in rural and urban areas saying the process is being done by disregarding human rights principles provided in domestic and international legal frameworks.

“While we are in tandem with the government in the fight against land grabs and illegal land sales both in communal and urban areas, we disagree with the manner which the government is implementing to resolve the issue.

“We affirm that any decision to initiate an eviction, the government must have demonstrated that these evictions are unavoidable and consistent with international human rights commitments. The fundamental obligation of Government is to protect and improve houses and neighbourhoods, rather than damage or destroy them.

“In terms of international human rights law, there must be procedural safeguards before and after an eviction in order to ensure that other human rights are not violated, and simply issuing statements, intimidating and incarcerating the victims is not sufficient to safeguard the human rights of these victims but further violate other human rights provided in our Constitution.

“Conducting evictions or demolitions in haste without considering procedural safeguards has a potential to create a serious humanitarian catastrophe just like the 2005 Operation Murambatsvina which left 700 000 people homeless,” HAMREF said.