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ACHP African Commission on Human and Peoples' Biqhts Human Rights our Collective Responsibility pursued in measures of economic reform or measures designed to achieve greater social justice, may call for less than reimbursement of the full marketvalue".83 I 225. Section 29C (1) of the Land ~cqUisition Act stipulates that compensation shall only be payable for any improvements on or to the land ... " and vests the responsibility to 90mpensate owners for the value of their land on the former colonial power (the British Government). The Commission considers that in applying the above reasoning of the ECtHR, the Respondent State is clearly under no obligation to compensate the Victim for the full market value of the land. However, the Commission considers that taking into consideration the nature' of the Victim's ownership (legitimate purchase), an ass:essmen~of compensation ought to have taken into .consideration factors 1uc~ as: ~he hist9rtof ..~"Y~~f.ship, use and occupation of the land, and any financial constraints wD!ch may ~::~sitate the payment of comp~at in installments o~er a period of II 226. The Respondent Slate ,may l~giJtelY expropriate land for public interest provided that it-complies with international principles guiding such procedures. ~ key req~~r.e.me.~.t ·be~n.gJhatcompul~ory acquisitio~ of property must be In accordance WIth the law.accompanied by appropnate and timely compensation. The 'Gqmmi~sion notes that compensation was not provided to the Victim for the' e~prJpriation of his property, and even though the Respondent State concedes that the Victim is entitled to be compensated for only the improvements on the land, its delay in doing so and the. manner the land was taken, ambunts to a violation of Article 14 of the Af~iG:ah-'Charter. \\~:,: ·d~·, .: )-. " Alleged Vi~la,tion of-Article 18 of the Afriean Charter 227. Article'~;;;(3)of the~frican Charter Jrovides that: The State shall ensure the elimination of every discrimination against women and also ensure the protection of the r~ghts of the woman and the child as stipulated in international declarations and conventions. 228. The Complainant avers that the Jvasion of the Victim's farm and subsequent occupation led to his pregnant wife being held hostage in the rain at machete point, and as a resultI she suffered a mis~ar~~-\lll,~ ·aQe,.;."lRS: .... I. AM;!::.., response, the Respondent State again denies complicity and c s.• WiJ~tha~}"VD ,0(., . -S3-(A-S -ab-o-v-e)-p-a-ra-5-4-; P,-o-Y-m-e,-'K-ing of Greece 25701194 para 78. I ~~ § . fI" ,?<5- e;,'(; I I and Othel'S V (~ Greece .~\C!. % \\'" ':;, '\s'.s{l;).. ~ i(~.\ (28 Novembe~:h..~o~ ppI~a-i;~~ "';, t.. I I c"" AU·\.JA \U u~. ~ 'g..; i Ifl C/) 'V<:"'? rfl {I' "._ ~~:4-o:t;!fjS.~\,~0~v / "'''''~ .'>.o.t,,~~~ oMME ET D'iOS .,,;/,7' ..

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Communication 298/05 - Roy Bennett (Represented by Zimbabwe Lawyers for Human Rights) v. Zimbabwe

ACHPR Decision

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Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Damages and Compensation
Equality
Equality Before the Law
Freedom from Discrimination
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Opinion
Investigation
Land Expropriation
Land Rights
Participation in Government
Personal Liberty
Protection of Family and Vulnerable Groups
Right to Fair Trial
Right to Property
Torture and Ill Treatment

Case Head Notes: During a parliamentary debate, the Victim was verbally assaulted by the Minister of Justice and became so upset that he pushed the Minister of Justice to the ground. A parliamentary committee was established to try the Victim for contempt of Parliament, and the Victim was found guilty of contempt and sentenced to 12 months in prison with hard labour. The Complainant states that the trial was a continuation of a targeted campaign against the Victim, in which attacks were made on his farm and against him, his wife, and the workers on his farm. Additionally, the Complainant states that the Victim had his land confiscated by the Respondent State. The Commission found a violation of Article 2, stating that even though the perpetrators, who invaded the Victim's land, were not acting in pursuance of the government's policy, the fact that their actions were linked to the President's speech, where he singled out the victim for his political views, established a sufficient link between the actions of the Respondent State's discriminatory stance against the Victim's political views, and the harm suffered by the Victim, to constitute a violation of Article 2. The Commission found violations of Articles 3 and 5 because the Respondent State failed to investigate and try the perpetrators who assaulted the Victim and his wife. The Commission found a violation of Article 6 stating that detaining the Victim without allowing him access to a legal representative of his choice violated Article 6. The Commission found a violation of Article 7 stating that, in the Parliamentary hearing, the Chairperson exercised the dual function of being the Complainant and the adjudicator, contravening the appropriate safeguards of natural justice that should have been followed. The Commission found violations of Articles 10, 11 and 13, stating that the President's speech, which targeted the Victim because of his political association and opinion, motivated the attacks against the Victim, and therefore contravened his right to freedom of expression, association and participation in government. The Commission found a violation of Article 14 stating that, while the Respondent State may legitimately expropriate land in support of public interest, a key requirement is that there must be appropriate and timely compensation and, in the present case, the delay in compensation, and the manner in which the land was confiscated, violated Article 14. The Commission found a violation of Article 18 because the Respondent State failed to investigate and prosecute the perpetrators of the attack against the victim and his family, and further because it was the speech of the President that incited the attacks against the Victim. The Commission found that the Respondent State's failure to protect the Victim's Charter rights also means that Article 1 was violated. The Commission requested the Respondent State to pay fair and adequate compensation to the victim for the acquisition of his property, and the loss of his equipment and livestock, in accordance with the principles guiding expropriation of private property under international law. The Commission also requested the Respondent State to independently investigate and punish all non-State actors responsible for the attacks against the Victim and his family and to report back to the Commission on the measures taken to implement the recommendations.

Country

Zimbabwe

Outcome: Decided on Merits

Year Decided: Mar 9, 2022

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 7.1: Right to be Heard
ACHPR 1: General Obligations
ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 13: Right to Participate in Government
ACHPR 14: Right to Property
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 10: Right to Freedom of Association
ACHPR 10.1: Freedom of association
ACHPR 11: Right to Freedom of Assembly
ACHPR 13: Right to Participate in Government
ACHPR 13.1: Right to participate freely in government
ACHPR 14: Right to Property
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure

Feb 3, 2005 ~ Mar 9, 2022

Country Geolocation

Latitude: -19.015438

Longitude: 29.154857

Country Geolocation (linked ACHPR Decision): Zimbabwe

Primary Documents

Roy Bennett (Represented by Zimbabwe Lawyers for Human Rights) v Zimbabwe.pdf
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African Human Rights CLA 2.0

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Communication 298/05 - Roy Bennett (Represented by Zimbabwe Lawyers for Human Rights) v. Zimbabwe

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