Mashamhanda seeks postponement of eviction

Zim Now Writer

Tendai Mashamhanda is seeking a court order to postpone his eviction from his home after losing a legal battle over its ownership.

Mashamhanda whose family owns the Mashwede group of companies including the populay Mashwede Village hangout filed an urgent application with the High Court arguing that the 72-hour eviction notice issued by the Sheriff of Zimbabwe is unconstitutional and violates his right to freedom from arbitrary eviction.

“In issuing his aforesaid 'Notice of Removal, the 2nd Respondent acted without checking whether or not the immovable property in question was a home within the contemplation of section 74 of the Constitution of Zimbabwe.

“72 hours notice of ejectment from a person's home is unconstitutional as an infringement of the fundamental right to freedom from arbitrary eviction protected by section 74 of the Constitution of Zimbabwe,” Mashamhanda, through his lawyer Lovemore Madhuku, argues.

He claims that the short notice period creates undue hardship for his family and disregards the constitutional requirement for reasonable notice in cases of eviction from a home.

Mashamhanda further argues that the Sheriff failed to consider the property as a “home” as stipulated by the Constitution and should have engaged him to determine a reasonable notice period.

He highlights that he has already filed an appeal against the High Court judgement that ordered his eviction, scheduled to be heard on the same day as the planned eviction.

This application comes amid an ongoing legal battle between Mashamhanda and another party over ownership of the US$1.5 million upmarket property.

The outcome of this urgent application will determine whether the eviction proceeds as planned or if a delay is granted to allow for further legal proceedings.