The ManicaPost
Abel Zhakata Senior Reporter—
THE High Court has barred Zimbabwe Consolidated Diamond Company from arbitrary evicting 26 families from Tinoengana Village in Chiadzwa or destroying their homesteads in the wake of expanded operations at the Marange fields.Justice Davison Moses Foroma granted the provisional order last week after the 26 families made an urgent chamber application to bar ZCDC from evicting them without a court order.
In the application made by Mr Passmore Nyakureba of Maunga, Maanda and Associates, the villagers, said the mining concern must first seek a court order to evict them.
ZCDC had on November 30 through Mutare District Administrator’s Office gave the families a 24-hour notice to vacate their villages and pave way for diamond mining activities.
The application was made on the following grounds:
“On 30 November 2016, the DA gave the 26 families 24 hours notice to vacate Tinoengana Village in order to pave way for the diamond mining activities of ZCDC. Further, the DA has threatened to evict the families through the police and bulldozers of the ZCDC on December 2, 2016 should they fail to vacate on their own by December 1, 2016.”
The respondents’ conduct is in violation of the rights of the membership of the applicant to freedom from arbitrary eviction as envisioned in Section 74 of the Constitution of Zimbabwe.
“The conduct is also not a just or reasonable and prompt administrative decision in violation of the right to just administrative conduct in terms of Section 68 of the Constitution of Zimbabwe. Applicant’s members are currently living in fear and are at the mercy of the DA.”
In the Certificate of Urgency, the families said the High Court must quickly look into this matter because the DA had given inadequate notice for them to vacate their homesteads on their own in only 24 hours or face eviction.
“The threats by the DA are being made by a public official who has shown the capacity to carry them out even though he does not have a court order sanctioning the eviction. The threats cannot be taken lightly…if allowed to go ahead with the eviction this will be an arbitrary eviction in violation of their freedom from arbitrary eviction…the families will suffer irreparable harm if the DA was to continue to evict them without an order of the court. They are bound to lose their shelter
and other valuables.”
In one of the affidavits accompanying the application, the families said the DA, Mr Edgars Seenza, called for a meeting of all the affected families on November 30 this year and addressed them.
“He advised the villagers that Government had resolved to evict them from their homesteads with immediate effect and relocate them to Arda Transau which is about 100km from their current homesteads. ..when the DA called for the meeting he was escorted by several police officers in riot gear whom he threatened to unleash on the families if they attempted to resist the eviction which he threatened to enforce on December 2, 2016.
“During the previous relocations, the office of the DA and the companies that used to mine in Chiadzwa engaged the villagers in time and assess their homesteads in order for compensation to be paid for their losses before they were relocated. In actual fact the relocated villagers were paid various sums of money in compensation prior to relocation. In addition, the villagers were allocated their new homesteads in Arda Transau which were designed to suit their family needs.
“In the present case there is no assessment of the homesteads, the families have not been given prior and reasonable notice, they have not been shown the homesteads they are being relocated to. The families have already planted crops in their fields at a cost following the rainy season. If they are to be arbitrary evicted they will suffer irreparable harm. Further to that the intended process is being implemented compulsorily and through the use of force without a court order for our eviction. In the meantime, ZCDC has already expanded its mining activities to the village in question and is mining right in the homesteads…the families have young children who are attending school at Ganda Primary and Secondary schools.
“They do not know whether or not the place they are being evicted to has schools for their children to continue with their education. Some of the members are terminally ill persons who need ready access to clinics for treatment and they have such facilities in the present set-up. The conduct of the respondents is unconstitutional in so far as it is contrary to the letter and spirit of the constitution. It is contrary to the objectives and the founding principles on which our country is based in terms of the values and principles set out in the constitution.”
After being granted the provisional order, Mr Nyakureba said Marange villagers should be duly compensated before relocation.
“This issue is about corporate organisations and human rights. It is our position that corporate organisations just like the Government have a duty and responsibility to protect, respect and promote human rights. Where corporates want to evict people using force without a court order then that is a violation to freedom from arbitrary eviction.
“We must also consider that instead of evicting these villagers, let us also consider giving them jobs at the mines so that they have a direct benefit from their ancestral and God-given resources. In the meantime, the villagers will stay at their homesteads until ZCDC follow correct procedures. If they are going to be relocated proper evaluation of their assets and businesses must be done and come up with the right figures. A lot of things must be considered before we relocate people,” he said.
