HARARE - Residents of a squatter settlement established by the government in the 90s have taken their fight to stop the police from demolishing their makeshift houses to the Supreme Court in a test case that could limit or advance the rights of homeless people in Zimbabwe.

The 54 residents, part of a group of several hundred families settled by the government at Hatcliffe Extension on Harare’s northern boundary, want Zimbabwe’s highest court to overturn a High Court ruling last week that the Harare city and government authorities were justified in ordering police to destroy the camp.

Heavily armed police about two weeks ago used bulldozers and fire to destroy Hatcliffe as part of an ongoing blitz against informal traders and homeless people which President Robert Mugabe says is necessary to restore the beauty of Zimbabwe’s cities and towns.

At least 22 000 people have been arrested during the campaign for selling goods without licences while hundreds of thousands of poor families have been left without shelter after their makeshift homes were razed down by the police.

Although the Hatcliffe residents were settled at the camp by the government which also publicly told them they could build houses at the site, the High Court ruled against the families saying they had breached council by-laws after they failed to submit plans to and seeking formal approval from Town House.

In throwing out the residents’ application, the court also said that public policy considerations were far more important than the interests of a few individuals.

In their application lodged with the Supreme Court, the Hatcliffe group, represented by the Zimbabwe Lawyers for Human Rights (ZLHR), argues: “The High Court erred in finding that the public policy considerations far outweighed the interests of a few individuals.

“In this regard it desisted from taking into consideration the submissions of counsel with regard to the principles of proportionality, suitability and necessity of the conduct of respondents.”

They also argue that the High Court, which is the upper guardian of all minors at law, erred when it did not use its discretion to protect the rights of hundreds of children at the camp who no longer have shelter, health facilities and are unable to go to school since the squatter camp was destroyed.

The court should have taken into account whether alternative accommodation was provided before upholding the government and city council’s decision to destroy the camp, the appellants argue.

No date has been set yet for the hearing of the matter. ZimOnline

This week the Zimbabwe Institute report on human rights abuses experienced by opposition MPs continues with the account of Roy Bennett, who has the highest number of violations against him of any MP - 24 categories of human rights violation out of a possible 30.

Bennett, Roy: Chimanimani
Treasurer of Manicaland Province

In May 2000, prior to the Parliamentary elections 15 Zanu (PF) activists invaded Bennett’s farm. His wife, 4-months pregnant at the time, and all the farm employees (a total of 350) were rounded up in the front yard where Zanu (PF) supporters organized a political rally.

They demanded that the group chant Zanu (PF) party slogans and denounce the MDC party. One of Bennett’s employees refused to co-operate and was severely beaten with clubs and steel bars. Bennett, in Harare at the time, was notified of what was transpiring on his farm. He immediately telephoned his local police station and was told they had instructions not to intervene.

A meeting was arranged that day with Bennett and the Zanu (PF) leadership. At the meeting Zanu (PF) agreed to return the farm to Bennett if he withdrew his MDC candidacy. If he didn’t, he was told he and his family would be killed. Bennett refused and as a result, Zanu (PF) supporters moved into the farm and settled. They used his fuel and food for their own purposes and killed eight cattle and terrorized the entire constituency in an effort to quell Bennett’s support.

Bennett and his family went into hiding and moved out of the constituency but after winning the election, Bennett and his family moved back to the farm. The war veterans were arrested but released two weeks later after President Robert Mugabe declared an amnesty. Bennett suffered tremendous financial losses as a result of these actions. His employees suffered Zanu (PF) indoctrination, beatings, and torture and Bennett’s wife miscarried during the disturbances.

After Bennett’s political victory, the local police were replaced with hard-line Zanu (PF) militia. They attempted to organize locals to move on to the Bennett’s farm. The locals refused, and in defiance of the Zanu (PF) continued to stand-by and support Bennett.

Bennett was served with notice to vacate his farm under the government’s Land Redistribution Program but he was successful in setting this notice aside in Court, in addition to be granted restraining orders against the police, the CIO, and Army to vacate his land and not to interfere with the farming operations.

While attending a polling station in the August 2002 rural district council elections, the CIO directed the police to arrest Bennett after he raised concern over voting irregularities. Bennett resisted the arrest, resulting in the police physically removing him at gunpoint. He was taken to a local police station where he was accused of being a British “puppet”. He was interrogated and stripped of his shoes and socks and beaten on his feet for 45 minutes.

Bennett was unable to walk or stand and told his interrogators that they might as well kill him because they were not going to change his mind regarding his political affiliation. He was forced from his cell and was driven two and a half hours to another police station where he was interrogated and beaten again. He was detained for three days and subsequently charged as acting as an unlicensed journalist for taking photographs of the polling station. The matter proceeded to trial and Bennett was found not guilty.

At a Zanu (PF) political rally in March 2003, Robert Mugabe stated that the Bennett’s were not welcome in Zimbabwe. Three days later 150 Zanu (PF) youth militia members raided and looted Bennett’s farm, beat every employee, and killed several animals.

Murder, arson and rape, February 2004: Sheni Chimbarara, a farm worker on Charleswood Estate in Chimanimani, was shot dead by Zimbabwe National Army soldiers on February 10, 2004. A second farm headman by the name of John Kaitano was shot and injured.

On Friday February 6, 2004, three ladies called Viola Ngwenya (18), Spiwe Chivhuro (15) and Melody where abducted and taken to a war veteran’s base. Viola Ngwenya was allegedly raped twice by Muusha during one night. The other two were sexually abused by Nasho, Kareyi and Mabumba who took turns to fondle their breasts and private parts. The girls were abducted when they were passing by the base where the farm workers from the farm were being tortured.

Also on Friday February, 6 2004, Nasho, Kareyi and Mabumba tortured young farm workers, accusing them of stealing maize. The young farm workers allege that the war veterans used hot iron rods to beat them. One of the victims sustained a deep cut on his right eye after having been axed by a war veteran during the torture.

When the victims of rape were taken to Mutare for medical examinations, the war veterans descended the house of Amos Makaza, the Charleswood security manager, with the intention of killing him. This was on Sunday February 8 at 8pm. They accused Makaza of spying on them and “selling out”.

The war veterans damaged window panes and doors during the raid. Farm workers who heard of the attack at Makaza’s house came out in large numbers so that they could rescue him. A commotion ensued resulting in the war veterans seeking refuge at the soldiers’ base.

The farm workers responded to the rape and the attack on Mr Makaza by burning down the war veterans’ houses. Nasho and Muusha had their shacks burnt down during the commotion. At this time, soldiers opened fire on the farm workers with bursts of automatic weapon fire, killing Sheni Chimbarara and wounding John Kaitano.

After farm workers had fled the war veterans in the company of the armed soldiers pelted 10 petrol bombs at Mr Amos Makaza’s house. Mr Makaza house and car were completely destroyed. It is estimated that Makaza could have lost household property worth at least $10 million in that fire.

The day after he had been murdered, Chimbarara’s body was still on the road as farm workers were waiting for the police. Although the police were informed of the latest incident at Charleswood Estate, they did not respond.

Soldiers and settlers also took advantage of the chaos on the farm to butcher and steal cattle belonging to Bennett. Two heifers and two steers were shot dead. One heifer had its tail cut off and the other two had their hind legs axed.

This murder and arson attacks are the latest in a series of rapes, beatings and other acts of violence that have occurred since Lieutenant General Mike Nyambuya, the Governor of Manicaland, threatened to evict Roy Bennett from Charleswood Estates on Thursday 22 of January 2004. The Governor incited violence against MDC and NGO officials in a meeting with local councillors held at Chimanimani Hotel.

Next week – the report continues with the human rights abuses of Abednico Bhebhe.

BULAWAYO - On the eastern outskirts of the City of Bulawayo, on a derelict piece of land not far off the main Bulawayo-Harare Road, there stands a small squatter camp. The area is called Killarney. Homeless, unemployed destitutes started coming to this deserted patch of scrub, beyond the farthest reaches of the residential suburbs, some years ago.

They came with virtually nothing apart from the ragged clothes they stood up in, yet within a few months, and out of a few scraps of timber, corrugated iron and assorted junk, they managed to erect a number of makeshift structures. A typical African shanty-town arising apparently out of nothing on the bare veldt. This was no picture postcard scene, but at least the residents had a roof over their heads, walls to keep some of the cold out, and a place to call home - and importantly, within walking distance of an urban centre where the able-bodied could look for work.

Quite a community was established under these austere circumstances. The 350 or so families shared one thing in common - abject poverty - which in the last resort is quite a powerful bonding agent. They regulate life together so as to maintain order and decency with a measure of dignity. A few have made desperate efforts to cultivate some vegetables, though in the poor, stony ground and with no water on hand, their efforts are largely futile.

The Killarney residents received no help from the authorities. No water, electricity or other facilities were available to them. Bulawayo City Council was aware of their presence and for obvious reasons the city fathers were not too happy at the informal settlement.
Nevertheless, not having any other housing available to which they could move these poor people, and out of compassion for their plight they refrained from moving them on forcibly.

Residents of Bulawayo who were aware of the acute needs of these desperate people, assisted them in small ways and a local pastor played a superb role in ministering to both their physical and spiritual needs. Food from a network of caring support groups was distributed to the people through the pastor, and he also organised regular Sunday worship.

But now Zanu (PF) politics intrudes on this hitherto peaceful scene. The nation-wide so-called Murambatsvina campaign (meaning, clear away the trash) comes to town. Armed, baton-wielding riot police descend on one informal settlement after another across the city - many operating legally with all the required permits to show for it - and in their wake there is left a trail of destruction, burning and looting (the looting carried out by none other than the police themselves).

The people of Killarney wait with bated breath. Will they be next in line for the bulldozers and sledge hammers or is it just possible that they will escape the attention of Mugabe's marauding thugs?

On Tuesday (June 7th) word comes to the community - the police are on their way. Expect them within the next 24 hours. In the meantime the people can mitigate their misery by removing from their makeshift shelters any items of value.

So they set to work stripping down from these structures such items as the broken sheets of asbestos and plastic which provided some cover from the elements, and removing their few pathetic belongings. Now they have no shelter, and it is cold these winter nights on the bare plain. Ironically they have rendered themselves homeless all over again - out of fear for an even worse fate at the hands of Mugabe's baton-wielding storm troopers.

At the time of writing the police had still not arrived at Killarney. They are expected at any time (and Sokwanele will try to keep readers appraised of developments). In the meantime however, and as perhaps the ultimate betrayal of the poor, Mugabe and his ZANU-PF lieutenants have used the weapon of fear to persuade them to destroy their own poor shacks.