EX.CL/717 (XX)
Page 148
5.
The Complainant submits that armed with the Council’s resolution, the Gotora
family approached the magistrate’s court and obtained an eviction order. The
Wakarambwa Village decided to challenge the eviction order by seeking a review
of the same in the High Court and Supreme Court. In both instances the case
was dismissed on technicalities and the decision to evict the Wakarambwa family
stood. The Courts did not order or direct the State through the Buhera District
Council to make alternative arrangements for the Wakarambwa families who
were now being considered as illegal settlers. This effectively rendered the
petitioners homeless.
6.
The Complainant avers that the President of the Republic of Zimbabwe, under
the Communal Lands Act48, is the guardian of the land and can intervene in land
disputes, and can vary, set aside or reverse any decision or make such order he
deems just. The Complainant submits that on 6 March 2003 an appeal was made
to the President but no formal acknowledgement of receipt of the appeal has
been received.
7.
As a result of the failure of the courts and the Executive of the country to provide
an effective remedy to the disputes surrounding ownership, the court orders were
enforced, despite the fact that the Wakarambwa Village had not been given
alternative land to settle. The Complainant alleges that the manner in which the
evictions were carried was inhuman, unfair and disproportionate.
8.
The Complainant claims that the evictions did not meet international standards
on forced evictions; that there was no compensation or restitution for destroyed
properties; and no alternative land was provided for the affected families. The
Complainant submits that from 1999 to 2003 the Republic of Zimbabwe was
engaged in a land reform and resettlement exercise, but despite the fact that they
were literally landless and homeless in their own country, they were not
considered suitable candidates or beneficiaries during this programme.
Articles alleged to have been violated
9.
The Complainant alleges violations of Articles 1, 2, 3, 5, 10(1), 13(1) and (3),
14, 16, 17, 18(1) and (4), 21 and 22 of the African Charter on Human and
Peoples’ Rights.
Procedure:
10. The Complaint dated 22 August 2005 was received at the Secretariat of the
African Commission on 29 August 2005.
48
Section 8(4) & (5) of the Communal Landa Act Chapter 20:04