Murambatsvina compensation claim will expose masterminds

By Lance Guma
07 December 2006

A lawsuit by two Zanu PF councillors over the destruction of their properties under operation murambatsvina may soon expose the government ministry or individual who authorised the exercise. Tafadzwa Mugabe, a lawyer with the Zimbabwe Lawyers For Human Rights (ZLHR), welcomed the compensation claim by councillors Phenias Mariyapera and Mubaiwa Chikazhe who are suing the government and Chegutu municipality for loss, ‘of income and valuable property.’ Although the ZLHR made their own separate applications with test cases of other victims, its thought having councillors from the ruling party’s own ranks make for a stronger case, since it also highlights just how unpopular the decision was even within Zanu PF.

Chikhazhe says he was ‘taken by surprise when on 9 June the third defendant (Pewa) drove a JCB motor vehicle which demolished the building and everything within the building. The building was not an illegal structure and the operation of the grinding mill was authorised.’ He says he also lost 10 bags of cement, which were in the building. His lawyers are also arguing that, ‘“Even if the building had been an illegal structure, the defendants ought to have given him notice to pull down his building and remove his grinding mill intact.’ Chikhazhe is now seeking Z$23 million damages. Mariyapera’s claim on the other hand is yet to be heard in court.

Tafadzwa Mugabe told our Behind the Headlines series that the lawsuits, if successful, could have wide reaching implications for all the victims of Operation Murambatsvina who lost their houses, vending stalls and business premises. Government could find itself saddled with a massive compensation bill for everyone affected. Tafadzwa Mugabe said when the ZHLR became involved in the matter government officials simply pointed fingers at each other. He says the current hearings however will finally force the regime to reveal which individual or ministry gave the instruction for people’s homes to be destroyed.