ConCourt Hears Former Farm Workers Eviction Challenge

THE Constitutional Court will on Wednesday 4 June 2014 hear two constitutional challenges in which 97 former farm workers are seeking an order to stay their eviction from two farms in Manicaland and Mashonaland Central provinces.

The ConCourt’s full bench will first hear the case of Eriza Muhala and Others –vs- Patrick T. Mukorera CCZ 118/13 at 9:30 am before determining the other case of Benias Yoramu and 45 others –vs- The State CCZ 245/12.

Eriza Muhala together with 50 other former farm workers, who are represented by ZLHR member lawyer Passmore Nyakureba of Maunga, Maanda and Associates Legal Practitioners are challenging their eviction from Reuben Clare Farm by the provincial Central Intelligence Organisation’s boss Patrick Mukorera.

In seeking to evict the former farm workers, Mukorera alleges that they have been in unlawful occupation since they were staying at Reuben Clare Farm without his consent.

But the 52 former farm workers, who have been farm workers since 1982 under Van Resberg, before the CIO boss was offered the Reuben Clare Farm in 2010 argue that their rights are being violated by Mukorera who wants to evict them without granting them alternative accommodation in breach of Section 28 of the Constitution which guarantees the right to shelter including Section 51 (right to human dignity), 64 of the Constitution (freedom of profession, trade or occupation) and 72 (7) (right to agricultural land).

The former farm workers argue that the prospects of being evicted and thrown into the open exposes them to indignity of being at the mercy of the dangerous agents of the weather which include the rains, the wind, storms, lightning, floods, heat, the cold nights, dangers of wild animals, reptiles and crawling creatures.

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