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Comment on attempts by Government to compulsorily acquire properties in Borrowdale
Zimbabwe Lawyers for Human Rights (ZLHR)
Janaury 27, 2006

It has come to the attention of the Zimbabwe Lawyers for Human Rights (ZLHR) that the Ministry of Local Government, Public Works and Urban Development has evidenced an intention by the government to compulsorily acquire certain properties which fall within a designated security area. This area incorporates a property in Borrowdale Brook owned by the President of Zimbabwe.

ZLHR notes that in terms of General Notice 255 of 2004, "A Property in Borrowdale … and the areas surrounding these premises" were declared protected places in terms of the Protected Places and Areas Act [Chapter 11:12] ("the Act).

The description of the property is as follows:

"An area within the City of Harare bounded by a line starting at the intersection of eastern edge of Borrowdale Brook Road and the northern edge of Green Valley Lane; thence along Green Valley Lane in a generally southwards direction to the north-eastern point of Lot GB 16751/57; thence south-westwards along the south-western boundary of that property to the north-eastern part at Budleigh Close to its intersection with the northern edge of Carrick Creagh Road; thence northwards along the eastern edge of Swallow Hill to the intersection with Borrowdale Brook Road to the starting point."

In a letter dated 11 January 2006, purportedly signed by one L Chimba from the Valuations and Estates Management Department for the Secretary for Local Government, Public Works and Urban Development, "The House owner" was advised that "… your property falls within a designated security area… As a result this office has been instructed to enter into negotiations with you, with a view to the acquisition of the property by Government. We will therefore be contacting you soon to arrange for an inspection of your property for valuation purposes".

It is clear that this "notice" is as unlawful as it is unprocedural.

The "notice" is unprocedural, in that any action taken in respect of such a protected area must be taken by the Minister of Home Affairs and not by the Minister of Local Government.

It is further unlawful in that the Act does not provide for the acquisition of property in such a protected area by the government. At most, the Act allows for special security measures to be taken to protect against "unlawful damage or sabotage" and to "control the movement and conduct" of persons in the area, and only during a time of war, or a state of emergency or where it is reasonably necessary in the interests of defence, public safety or public order.

In terms of section 7 of the Act, any order relating to property within the protected area may only specify:

(iii) any measures necessary for demarcating the premises or area; and

ZLHR regrets to note a further instance of arbitrary action taken against residents of the City of Harare by a Local Government Minister who continues to act outside the ambit of his legitimate mandate, and with perceived impunity. It is also unfortunate that the government continues its attempts to deprive people of Zimbabwe of their property rights, as well as their right to protection of the law and right to be free from arbitrary state action. Such rights are protected under the Constitution of Zimbabwe, as well as key international human rights instruments to which Zimbabwe is a state party. ZLHR urges the government to refrain from such arbitrary action and reminds public officials to act within the ambit of domestic and international law.

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