The Constitutional Court ruling on the arrest of hookers has brought misery to the people living in the Avenues in Harare as the area has now been flooded by prostitutes.
Many say that sex workers are abusing their new found freedom at the expense of other residents.
“I have a five year old daughter and she is exposed to vulgar language. They shout on the top of their voices and there is no way I can shield her from hearing what they will be saying. We also have rights. We need to live in peace, but we can’t sleep at night from the noise they make. They fight among themselves and with their clients,” said Alisa Gara, a resident in the area.
“It seems they think they can do whatever they want and this is not what I want my child to see as she grows up,” she added.
Another resident, an old man, who has two daughters and refused to be named, said: “I live too close to them. They are violent and have no boundaries. They can do anything to you. It’s a real menace. They use all kinds of drugs and once they are high, its hell for some of us and our families. The court ruling wasn’t wrong, but it has caused us problems because in the past they were afraid of police patrols.”
Jabulani Gondongwe, who has lived in the area for more than 10 years, said: “Police patrols used to be a daily practice, but these days you hardly see police officers in the area. Life was much better when the police were more visible. The prostitutes were afraid of being arrested and paying fines so they were not so brazen but now they are very daring. They even mock police officers when they see them.”
Police spokesperson, Charity Charamba, said police still patrolled the area.
“Police patrols are still being conducted in the Avenues area. However, police officers are now patrolling on foot as opposed to the cycle patrols which were more visible and effective as they would cover a wider area. The ZRP (Zimbabwe Republic Police) is appealing to residents with information on areas of concern where criminal activities are taking place to report to Officer Commanding Harare Central District,” she said.
She said such reports would “be treated with priority”. Prostitutes who spoke to the Financial Gazette blamed the deteriorating economic conditions and high unemployment in the country for their increasing numbers. They said they need to feed themselves and their children.
Nine women took their matter to the Constitutional Court last year seeking a determination on the violation of their fundamental rights to liberty as provided for in Section 49 of the Constitution and their right to equal protection and benefit of the law as guaranteed in Section 56.
They argued that their rights had been violated as a result of their arbitrary arrest, detention and prosecution.
Deputy Chief Justice Luke Malaba, sitting with eight other judges of the Constitutional Court, agreed and declared the arrest and prosecution of prostitutes unconstitutional. The United Kingdom-based Open Society Foundation reported in 2012 that the police were the greatest abusers of sex workers in Zimbabwe.
Police launched numerous crackdowns over the years under different code names which some found to be openly sexist, such as Chipo Chiroorwa (Chipo get married) and Operation Chengetedza Hunhu (operation maintain your dignity).
The women who went to court argued that the conduct of police officers, who indiscriminately arrested them, violated their freedom of movement and had the effect of placing a limitation on the rights of women in that they could not freely move around the Avenues without the risk of being detained.
The ruling, described as landmark, was welcomed as a major reprieve for women by human rights groups that for years had been angry with the gender discrimination associated with police operations.
“The Zimbabwe Lawyers for Human Rights took up the matter under its Access to Justice campaign in a bid to stop such discriminatory actions by the ZRP,” a statement from the right lobby group said.
But residents in the Avenues think they may now be paying a heavy price for the landmark ruling. financial gazette