RUSAPE — At least 38 children are challenging the eviction of their parents from Nemaire Village by Makoni Rural District Council (MRDC), saying the removal also violated their rights.
OBEY MANAYITI
The applicants, all below the age of 18, are contesting the eviction bid and they want the matter to be referred to the Constitutional Court (ConCourt), arguing that the move will be in violation of their rights.
MRDC, through the council chief executive officer Edward Pise, want the children, together with their parents, evicted from the village, arguing that the land on which they settled belongs to the local authority.
Rusape magistrate Elizabeth Hanzi has ordered Pise to prove that he has been mandated to represent the council in the matter.
“It is the view of this court that Edward Pise, even though he is CEO, should provide proof to show that he has been appointed by MRDC to represent it in these proceedings,” read part of the ruling.
“Applicant will then file a replying affidavit to notice of opposition and parties will agree on a date for argument or the court can proceed to make a ruling depending on what the parties chose.”
On January 16 this year, MRDC had filed an application for eviction of the villagers alleging that the occupation of its piece of land in Nemaire village was illegally.
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However, the villagers are claiming they were allocated the piece of land by traditional leadership in the area.
The villagers, who were represented by Blessing Nyamaropa of the Zimbabwe Lawyers for Human Rights (ZLHR), said the evictions, without providing alternative accommodation, infringed on the rights of the children.
“I contend that this Honourable Court is enjoined to refer this matter for the Constitutional Court to deal with the question of the violation of my child’s rights as provided in section 81 (1) of the Constitution of Zimbabwe Amendment Number 20 by action or conduct of the respondent,” wrote Arikina Chimwanya, a mother of one of the 38 applicants.
In her affidavit, Chimwanya said: “The respondent has instituted proceedings for my eviction.
“If the respondent succeeds in its application, I will be made homeless. “As a result of the eviction, I will become a destitute — a situation which is not in the best interest of my child.”
Chimwanya added that the eviction would expose her child to inhumane and degrading conditions as well as affecting the child’s schooling.
