Source: High Court halts UZ evictions | The Herald June 28, 2017
Daniel Nemukuyu and Hazel Lifa
The High Court yesterday set aside a circular by the University of Zimbabwe evicting medical students from halls of residence following their peaceful demonstration against a 30 percent fees hike.
The students were served with eviction orders soon after the demonstrations. Justice David Mangota suspended the operation of the circular following an urgent chamber application by one of the students, Clifford Charera.
Charera cited the UZ and its Vice Chancellor Professor Levy Nyagura as respondents. Read Justice Mangota’s order: “The operation of the notice issued by the third respondent titled ‘Registrar’s Circular No. 4/17’ be and is hereby sus- pended.
“The respondents be and are hereby barred from evicting medical students from halls of residence. The respondents be and are hereby ordered to permit students who have already vacated the rooms in the halls of residence to return and reoccupy their rooms with immediate effect.”
Charera had argued that his eviction violated his right to peacefully demonstrate as enshrined under Section 59 of the Constitution. “I am advised that in terms of Section 59 of the Constitution, I have the right to peacefully demonstrate and petition peacefully, and thus, the respondents cannot lawfully punish me for exercising my constitutional rights, which I exercised peacefully and without resort to violence,” he said.
Charera said if there were a few individuals who perpetrated violence, the university authorities should single them out and deal with them without harming innocent souls.
“I am advised that Section 88 of the Constitution of Zimbabwe enshrines the right to administrative justice, requiring authorities to act in a manner which is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair,” he said.
Charera said he came from a poor family and the increase in fees was effected when his parents were already struggling to pay the current fees. “My father is a retired nurse and a peasant farmer while my mother is a housewife,” he said. “They both reside in Rusape (Village 44) and are struggling to ensure that I complete my medical degree.”
Charera argued that eviction from a place of residence without a court order was a violation of Section 74 of the Constitution. “I submit that I regard the university halls of residence as my home for purposes of study, and Section 74 of the Constitution proscribes evictions done without a court order obtained after considering all relevant circumstances,” he said.
“Therefore, the respondents cannot evict me on 15 minutes notice.” Charera said he was about to sit for his final examinations and had nowhere else to stay after eviction.
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