Hwange Magistrate
On
HCC claimed that it had received a complaint from Nyamuba's neighbours that she was buying and selling some cool drinks and therefore running a shebeen at her premises and gave her 30 minutes to remove her belongings from the property and locked the house and took away the keys.
Nyamuba, who denied running a shebeen, complied with the HCC order and removed her property with the help of neighbours. Since she had not been served and given adequate notice to vacate, she had made no other plans and as a result she slept in the open with her two minor children.
Nyamuba approached lawyers
In the application Dube and Mhlanga argued that Nyamuba has a right not to be arbitrarily evicted from her home without a court order granted after considering all the relevant circumstances as enshrined in section 74 of the
The lawyers further argued that leaving Nyamuba to live in the open with her two minor children would expose them to physical and psychological harm and was a violation of their rights to human dignity.
Nyamuba has since regained occupation of her residence.
ZLHR intervened by assisting Nyamuba to protect her right not to be arbitrarily evicted without a court order and to uphold the rule of law where people are not encouraged to take the law into their own hands as had been done by HCC.
Copyright 263Chat. Distributed by AllAfrica Global Media (allAfrica.com)., source