Protection against arbitrary eviction

FUNGAI CHIMWAMUROMBE AND PLAXEDES TAVIRAI

The Constitution of Zimbabwe protects every person from arbitrary eviction.  Arbitrary eviction is when a person (or people) is/are evicted in a manner that is not right or fair. One instance would be if your landlord evicted you from your home and take out your possessions without your permission. This typically occurs when an eviction is carried out without following the proper court procedures or giving the impacted parties a chance to be heard. Without a court order, an eviction or demolition is capricious and therefore unconstitutional. Eviction without due process is, not only against the right not to be evicted arbitrarily, but also against the right of the affected persons to a right to just administrative decision.

Section 74 of the Constitution of Zimbabwe provides that;-

“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.”

A home has been defined as the place where one lives permanently, especially as a member of a family or household. The protection is afforded to anyone whether their occupation is legal or illegal. This protects everyone from being chased out of their homes by anyone regardless of the basis of their occupation. The Messenger of court and the Sheriff of Zimbabwe are the only officials that are mandated to evict a person after due process has been followed.

What does it mean to follow due process?

In situations where an individual believes they have rights to a piece of property but  however, its occupied by someone else, they can only go to court to have their rights affirmed. Even if you are correct, it would be illegal for you to punish someone you think has done something wrong without following the proper procedures.

What to do when you are being unlawfully evicted?

Where someone is threatening or evicting you without a court order you can immediately approach a lawyer to assist. A lawyer can assist you to stop the eviction even if the eviction is still in process. Please note it doesn’t matter whether you believe that your occupation is illegal or not. In instances where there are threats of evictions, one can approach the court to seek an order that he or she be barred from threatening and harassing you.

Landlords and owners of properties should watch out against arbitrary eviction  as this is unlawful and has dire consequences such as payment of costs on a higher scale and damages.

Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Zenas Legal Practice and can be contacted  at fungai@ zenaslegalpractice.com and WhatsApp 0772 997 889.

Plaxedes Tavirai is an intern and can be contacted on plaxedes@zenaslegalpractice. Com.