Ebson
Tembenuka,
a
self-employed
56
year-old
man,
who
resides
in
Murahwa
in
Mutare’s
high
density
suburb
of
Sakubva,
had on
17
September
2024
been
left
homeless
after
some
CoM’s
municipal
police
officers ambushed
him
at
his
residence
and
forcibly
evicted
him
from
his
property.
The
CoM’s
municipal
police
officers
locked
doors
at
his
residence
and
insisted
that
he
should
visit
their
offices
to
explain
himself
to
officials
at
the
local
authority’s
offices,
as
they
were
only
carrying
out
and
executing
instructions
given
to
them.
Tembenuka,
who
has
been
in
peaceful
and
undisturbed
possession
and
occupation
of
his
house
since
June
2012
by
virtue
of
a
lease
agreement,
which
he
entered
into
with
CoM
and
which
is
still
valid,
received
a
notice
from
the
local
authority
on
16
August
2024
advising
him
that
he
was
in
arrears
for
rental
payments
amounting
to
US$128
and
was
also
invited
to
make
representations
if
he
disputed
the
rental
arrears.
On
30
August
2024,
Tembenuka
submitted
his
representations
to
CoM’s
Finance
Department
disputing
the
amount
of
the
arrears
as
advised
by
the
local
authority.
Despite
the
engagement,
which
he
had
with
CoM’s
officials,
Tembenuka
was
surprised
to
be
ambushed
by
the
local
authority’s
municipal
police
officers,
who
forcefully
removed
him
from
the
house
and
locked
the
door
to
his
house.
While
he
had
pleaded
with
CoM’s
municipal
police
officers
to
allow
him
access
to
some
of
his
personal
belongings
and
items,
the
employees
insisted
that
he
should
visit
the
local
authority’s
offices
to
explain
himself
as
they
were
only
carrying
out
instructions.
After
failing
to
obtain
relief
through
engaging
CoM
officials,
Tembenuka
then
sought
the
services
of Zimbabwe
Lawyers
for
Human
Rights,
whose
lawyer Tatenda
Sigauke,
filed
an
ex-parte
application
at
Mutare
Magistrates
Court
on
18
September
2024
seeking
an
order
to
compel
CoM
to
remove
its
locks
and
to
restore
the
resident’s
occupation
and
possession
of
the
house.
During
the
hearing
of
his
application
in
court,
Tembenuka
told
Mutare
Magistrate Purity
Gumbo that
the
conduct
of
CoM’s
municipal
police
officers
in
barring
him
access
to
his
residence
and
locking
him
out
of
his
property
amounted
to
arbitrary
eviction,
which
is
a
violation
of
his
right
not
to
be
subjected
to
arbitrary
eviction
guaranteed
in
Section
74
of
the
Constitution
as
the
local
authority
did
not
possess
a
court
order
to
sanction
the
eviction
and
locking
of
his
house.
Tembenuka
further
contended
that
the
conduct
of
CoM’s
employees
violated
his
right
to
administrative
conduct
that
is
fair
and
lawful
as
contemplated
in
terms
of
section
68
of
the
Constitution
as
they
took
the
law
into
their
own
hands
and
barred
him
from
the
house
without
following
due
process
or
without
obtaining
a
court
order.
Furthermore,
the
resident
argued
that
CoM
had
used
its
security
personnel
in
its
bid
to
become
Judge,
prosecutor
and
executor
in
the
matter,
which
is
unlawful
and
unconstitutional.
On
1
October
2024,
Magistrate
Gumbo
ordered
CoM
to
immediately
remove
the
locks,
which
the
local
authority
had
put
on
Tembenuka’s
property
and
to
restore
his
occupation
and
possession
of
his
house
and not
to
evict
him
without
following
due
process
of
the
law.
Post
published
in:
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