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Ivan Zhakata
Herald Correspondent
A Mutare resident has successfully challenged his unlawful eviction from his home by the City of Mutare.
Ebson Tembenuka, who is self-employed, was able to regain possession of his home after municipal police officers forcibly
evicted him without a court order.
Tembenuka, who has been living at his residence since June 2012, was issued a council notice claiming rental arrears of
US$128.
Despite disputing the amount and providing evidence to support his claim, municipal police officers arrived at his home and
evicted him, locking him out of his property.
However, the eviction was deemed illegal as the council did not have a court order authorising such action.
Tembenuka sought legal representation from lawyer Tatenda Sigauke and filed an urgent application with the Mutare
Magistrates Court.
In the application, Tembenuka argued that the council’s actions violated his constitutional rights to property, administrative
justice, and freedom from arbitrary eviction.
The magistrate, Ms Purity Gumbo, agreed with Tembenuka’s arguments and ordered the council to immediately remove the
locks and restore his possession of the property.
Online Reporter