Zela also filed another application challenging the
constitutionality of Statutory Instrument 50 of 2021 which was promulgated by
government last week, together with its
empowering provision being section 10(3)(d) of the Communal Land Act.
Chilonga villager, Livison Chikutu is the first
applicant while the land rights pressure
group the Masvingo Center for Advocacy, Research and Development (MACRAD) is
the second applicant.
Local Government minister July Moyo, Chiredzi Rural
District Council (RDC), Lands minister Anxious Masuka and Masvingo Provincial
Affairs minister Ezra Chadzamira were cited as respondents.
“The applicants approached this honorable court under HC 08
/21, by making a court application which challenged the constitutionality of
section 10(3)(d) of the Communal Land Act Chapter 20:04 read together with
Statutory Instrument 50 of 2021 Communal
Land (Setting Aside of Land) Chiredzi Notice, 2021,” the application read.
“SI 50 of 2021 ordered the Shangaan community to
permanently depart from the Chilonga communal land and the setting aside of
such land effectively started to run from the 26th of February, 2021, being the
day of publication. Despite the pending challenge that the applicants have made
before this honorable court, the threat, to be forcibly remove the Shangaan community
subsists and as such, applicants have approached this honourable court on an
urgent basis, seeking an interdict, barring the respondents, or anyone acting
through them to enforce SI 50 OF 2021 pending the determination of the
constitutional challenge that has been mounted to the same.
“The enforcement of this order, creates a reasonable
apprehension of harm in any person, as the harm that the Shangaan people are
fearful of is being placed into a state of homelessness, without any
alternative to housing or shelter and forsaking all immovable structure they
have developed in this community for years.
“The land in question resonates with their religious and
cultural beliefs, and banishing them from this land would have stripped them of
their rights as provided for at law. The balance of convenience favors the
granting of this application, as the applicants will be greatly prejudiced and
permanently so, if the respondents are left to operationalise or enforce
Statutory Instrument 50 of 2021, and yet, the constitutionality of the same has
been challenged.
“The applicants have no alternative remedy available for
them as the first respondent’s decision has been made into law, save for
challenging the same, and seeking that the
regulations be set aside pending the determination of the
constitutionality of the same,” read Zela’s urgent chamber application.
In the second application (case number 08/21) challenging
SI 50 of 2021, as well as section 10(3)(d) of the Communal Land Act, MACRAD
claims that Section 10(3)(d) of the Communal Land Act is constitutionally
invalid as it violates section 74 of the Constitution of Zimbabwe.
It further seeks a declarator to the effect that Statutory
Instrument 50 of 2021 is also unconstitutional as it infringes villagers’
rights not to be subjected to arbitrary evictions; right to dignity; right to
religion and the right to procedurally and substantively fair administrative
justice.
“The first applicant alleges that SI 50 of 2021 read
together with section 10(3)(d) of the Communal Land Act is unconstitutional as
it infringes on the right not be subject to arbitrary eviction as provided for
under section 74 of the Constitution of Zimbabwe, right to administrative
action that is fair and just as provided under section 68 of the Constitution
of Zimbabwe, the right to dignity as provided by section 54, right to equal
protection and benefit of the law.”
The applicants argue that the Shangaan villagers have been
affected by numerous evictions before when they paved way for sugarcane
production in the Lowveld.
The two cases are yet to be set down for hearing. Newsday
0 comments:
Post a Comment