Bulawayo Western Commonage resident magistrate Mr Shepard
Munjanja said this before granting applicant, Mr Eloff Ncube a protection order
against his landlord, Mr Mduduzi Moyo of 8824 Pumula East when they appeared before
him last week.
Mr Mjanja ordered Mr Moyo to allow his tenant to rundown
his three-month’ notice while granting the latter a protection order against
harassment.
He also advised Mr Moyo to seek a court order before
attempting to throw out his tenant ahead of the given three months notice.
The magistrate’s warning comes at a time when tenants
across the country have been battling to secure their rights against landlords
who evict them without due notice or a court order.
According to Zimbabwean law and in terms of Section 74 of
the Constitution of Zimbabwe no person may be evicted from their home, or have
their home demolished, without an order of court made after considering all the
relevant circumstances.
Mr Ncube dragged his landlord before the courts alleging
that he was being harassed into leaving his lodgings ahead of the expiry of the
three months’ notice that he had been verbally given by Mr Moyo.
Mr Ncube further alleged that his landlord hired “bouncers”
to intimidate him into leaving.
According to Mr Ncube, he and his landlord agreed that on
or before 15 January next year, he should leave his lodgings but Mr Moyo later
turned around and started demanding his immediate departure.
“My landlord asked me to leave his house and we verbally
agreed on three months’ notice which was effective from 15 October to 15
January next year. But my landlord has now been harassing me to move before
that date and even hired bouncers to force me to leave which is why I have come
before the courts for reprieve,” Mr Ncube told the court.
Opposing the protection order, Mr Moyo said his tenant was
not being honest about his notice period arguing that they had in fact agree on
29 November as the date by which Mr Ncube should have vacated his lodgings.
“Ncube came to me desperate for accommodation telling me
that his belongings were no longer safe and he needed a place to stay. I gave
him a place to stay and when I decided that it was time for him to leave, I
gave him three months’ notice,” argued Mr Moyo.
“We had a verbal agreement on 29 August this year that he
would be out by 29 November but he came to me and said he was having logistical
difficulties and asked for a little more time which I granted him. But now he
is still there and is saying we agreed that he should move out by 15 January
which is not true.”
However, Mr Mjanja granted the protection order against Mr
Moyo while also advising him to seek a court order should his tenant renege on
leaving his house on or before 15 January.
“I grant the order in favour of the applicant and advise
you to seek a court order should he fail to leave by January 15. Only through
the courts can a tenant be evicted and I urge you and other landlords to bear
this in mind,” Mr Mjanja said in passing judgment on the matter. Sunday News
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