HIGH Court Judge Justice Felistus Chatukuta on Thursday 14 December 2017 interdicted the Harare City Council (HCC) from proceeding with constructing a bus terminus and an informal sector traders’ market on a wetlands, a development which residents deemed could pose environmental and health threats to their families.

The HCC had begun implementing a development project on Coronation Park for a bus terminus and a people’s market to be called Rhodesville Holding Bay.

This prompted some 20 aggrieved residents led by Munyaradzi Mutsai and Craig Theo Albrish from Harare’s Hillside and Eastlea suburbs, located near Coronation Park, an open wetland area, to petition the High Court through their lawyer Fiona Iliff of Zimbabwe Lawyers for Human Rights, seeking an order to stop the HCC from proceeding with construction work.

Through the application, Iliff argued that the residents’ constitutional rights to a healthy environment, for the environment to be protected for future generations, and to safe, clean and potable water, were being infringed as the development would cause air, noise, and water pollution, and the immediate and longterm degradation of the wetland would also cause flooding and limit the applicants’ and all Harare residents’ water supplies.

The human rights lawyer argued that the wetland is a catchment area providing fresh water for Harare, the country’s capital city and that Coronation Park is a wetland reserved as a park by HCC and not fit for development of projects, which the local authority has embarked upon.

Iliff argued that the wetland forms part of the Chiraura River wetland ecosystem and as a wetland, Coronation Park performs the function of absorbing and purifying rainwater to provide clean drinking which feeds into Harare’s main water sources and also supports a local ecosystem of birds, animals and plant life.

Besides the HCC, the residents also listed the Minister of Local Government, Public Works and National Housing, the Minister of Tourism, Environment and Hospitality Industry, the Environmental Management Agency, the Minister of Water Resources, Development and Climate and the Zimbabwe National Water Authority as respondents too in the urgent chamber application, which was opposed by the local authority.

Iliff further argued that the HCC and the other respondents did not notify or consult the aggrieved residents prior to commencing construction work on the project and as soon as the residents became aware of the project and raised their objections with the respondents, they received no relief as construction work continued. After hearing arguments from the residents and the respondents, Justice Chatukuta on Thursday 14 December 2017, interdicted the HCC from continuing with all the construction work on the Rhodesville Holding Bay, bus terminus and the informal trader’s market at Coronation Park pending the determination of the residents’ application.

ENDS Zimbabwe Lawyers for Human Rights Kodzero/Amalungelo House No. 98 Baines Avenue, Harare, Zimbabwe Phone: (+263 8677005347, +263 4 764085/705370/708118 Email: info@zlhr.org.zw www.zlhr.org.zw FOLLOW US:@ZLHRLAWYERS ON TWITTER | ZIMBABWE LAWYERS FOR HUMAN RIGHTS ON FACEBOOK

A ZIMBABWEAN court on Wednesday 29 November 2017 granted an order allowing the so-called aliens to register as prospective voters in the 2018 general elections provided that they bring along with them their identity documents endorsed alien coupled with a birth certificate and proof of residence.

The granting of the court order came after human rights lawyer Denford Halimani of Zimbabwe Lawyers for Human Rights petitioned the High Court on behalf of Harare resident Sarah Kachingwe and two opposition political parties namely MDC-T and MDC-N seeking an order to compel the Zimbabwe Electoral Commission (ZEC) to register the so-called aliens as prospective voters in the 2018 general elections during the ongoing biometric voter registration exercise.

In a ruling delivered on Wednesday 29 November 2017, High Court Judge Justice Nyaradzo Munangati-Manongwa ordered that any person born in Zimbabwe who is of or over eighteen (18) years with an identification card endorsed “alien” and a birth certificate showing that such person was born in Zimbabwe and at least one of the parents of such person was born in Zimbabwe or from the Southern African Development Community region with proof that he or she was ordinarily resident in Zimbabwe on the relevant publication date in 2013 is entitled to be registered by ZEC to vote without any impediment or additional requirement other than requirements relating to all people.

Justice Munangati-Manongwa ordered that Registrar-General Tobaiwa Mudede not to charge any such person regarded as “aliens” to replace identification particulars endorsed alien during the period, which the biometric voter registration (BVR) exercise is taking place as per the timelines set out by ZEC.

The High Court Judge also ordered that Kachingwe together with any class of persons in similar predicament be and are hereby entitled to be forthwith registered as voters by ZEC in the ongoing BVR exercise upon production of the identification card endorsed alien coupled with a birth certificate showing that they were born in Zimbabwe to parents from the SADC region or one of whom is a Zimbabwean and has proof of residence.

Justice Mungangati ruled that the right to vote is one of the fundamental freedoms a person can enjoy in their lifetime and can only be enjoyed when one is registered as a voter.

ENDS

Zimbabwe Lawyers for Human Rights

Kodzero/Amalungelo House

No. 98 Baines Avenue, Harare, Zimbabwe

Phone: (+263 8677005347, +263 4 764085/705370/708118

Email: info@zlhr.org.zw

www.zlhr.org.zw

FOLLOW US:@ZLHRLAWYERS ON TWITTER | ZIMBABWE LAWYERS FOR HUMAN RIGHTS ON FACEBOOK

ZIMBABWE Lawyers for Human Rights (ZLHR) is greatly disturbed by the President’s decision to reverse the appointment of Advocate Ray Goba as the country’s Prosecutor General (PG) as this is a serious and unacceptable assault on the rule of law and constitutionalism.

Advocate Goba’s appointment was reversed by President Robert Mugabe through an Extraordinary Government Gazette, General Notice 642 of 2017, issued and signed by Misheck Sibanda, the Chief Secretary to the President and Cabinet on Friday 27 October 2017. This notice repealed the General Notice 493 of 2017 issued through an Extraordinary Government Gazette.

Ironically, Sibanda had issued the previous Government Gazette on Wednesday 13 September 2017 confirming Advocate Goba’s appointment.

Prior to his appointment as PG, Advocate Goba had been serving as Acting PG since July 2016 following the suspension and subsequent dismissal of Johannes Tomana as PG on account of alleged gross incompetence and misconduct.

Advocate Goba’s appointment came after he participated in public interviews conducted by the Judicial Service Commission (JSC) in August 2017 to select a substantive PG. These interviews were conducted  in terms of  section 259(3) of the Constitution. ZLHR is perturbed that President Mugabe has resorted to undermining the JSC, which had complied  with the constitutional provisions set out in section 259(3).

The decision to reverse the appointment of Advocate Goba is a clear violation of the Constitution, and an attack on the Office of the PG as well as the JSC as an institution. Advocate Goba’s appointment was made from the shortlist of names submitted by the JSC as required by  the Constitution.

It is unconstitutional for President Mugabe to seek to remove Advocate Goba by changing his mind forty-four (44) days after having exercised his executive powers by appointing Advocate Goba as the new PG.

It is disconcerting that the government has decided not to adopt the provisions set out in section 187 of the Constitution, which outlines procedures for the removal of the PG, which according to section 259(7) is the same as that for removal of a judge from office.

Section 187 of the Constitution, provides that the PG just like a judge may be removed from office only for inability to perform the functions of his or her office due to mental or physical incapacity, gross incompetence or gross misconduct.

If the JSC advises  the President that the question of removing a judge, including the Chief Justice from office ought to be investigated then the President must appoint a tribunal to inquire into the matter. The composition of the tribunal is provided for in Section 187 (4) (a) and (b) of the Constitution.

Thereafter, the President can only act in accordance with the Tribunal’s recommendation after receiving the Tribunal’s report of its findings recommending whether or not a judge or PG should be removed from office.

As ZLHR, we believe that this is how state actors such as those holding the esteemed office of the President should behave in a constitutional democracy that respects the rule of law.

ZLHR will not be a bystander when the Constitution is violated as such conduct is unacceptable.

In terms of section 90 of the Constitution, the President has a duty to uphold, defend and obey the Constitution as the supreme law and he must ensure that the Constitution and all other laws are faithfully observed. Further,  he has a duty to ensure protection of the rule of law as provided in section 90(2)(c) of the Constitution. In the premise, the removal of Advocate Goba as PG is unconstitutional and unacceptable.

Therefore, ZLHR calls upon the President to return the country to a constitutional order by upholding the Constitution and annul the revocation of the appointment of Advocate Goba as PG.

ENDS

Zimbabwe Lawyers for Human Rights

Kodzero/Amalungelo House

No. 98 Baines Avenue, Harare, Zimbabwe

Phone: (+263 8677005347, +263 4 764085/705370/708118

Email: info@zlhr.org.zw

www.zlhr.org.zw

FOLLOW US: @ZLHRLAWYERS ON TWITTER

ZIMBABWE LAWYERS FOR HUMAN RIGHTS ON FACEBOOK