A Mutare resident has been forcibly evicted from his home over US$128 rental arrears. Ebson Tembenuka, who resides in Murahwa in Mutare’s high-density suburb of Sakubva, was on September 17 this year left homeless after municipal police officers ambushed him at his residence before being evicted.
The Zimbabwe Lawyers for Human Rights (ZLHR) said the
municipal police officers locked doors at Tembenuka’s residence and ordered him
to visit their offices for further clarification.
Tembenuka entered into a lease agreement with the
municipality in 2012 and on August 16 this year, he received a notice from the
local authority informing him that he is owing council US$128 in rental
arrears.
“On August 30, Tembenuka submitted his representations to
CoM [City of Mutare]’s finance department disputing the amount of the arrears
as advised by the local authority. Despite the engagement, which he had with
CoM’s officials, Tembenuka was surprised to be ambushed by the local
authority’s municipal police officers, who forcefully removed him from the
house and locked the door to his house.
“While he had pleaded with CoM’s municipal police officers
to allow him access to some of his personal belongings and items, the employees
insisted that he should visit the local authority’s offices to explain himself
as they were only carrying out instructions.
“After failing to obtain relief through engaging CoM
officials, Tembenuka then sought the services of ZLHR, whose lawyer, Tatenda
Sigauke, filed an ex-parte application at Mutare Magistrates Court on September
18 seeking an order to compel CoM to remove its locks and to restore the
resident’s occupation and possession of the house.”
“On October 1, Mutare magistrate Purity Gumbo ordered CoM
to immediately remove the locks, which the local authority had put on
Tembenuka’s property, and to restore his occupation and possession of his house
and not to evict him without following due process of the law.”




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